Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C069884
|
People v. Goldman
Sex offender who was convicted of continuous sexual abuse of niece, as well as isolated offense, forfeits objection to overlapped charges by failing to demur. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
F067498
|
People v. Osuna
Three strikes offender is ineligible for resentencing under Three Strikes Reform Act, because he was armed with a firearm during his third strike offense. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
F067590
|
People v. Blakely
Three strikes offender may qualify for resentencing under Three Strikes law because it was unclear what criteria trial court used to determine his eligibility. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
12-794
|
White v. Woodall
Federal court incorrectly upends death penalty when state court may have correctly allowed jury to draw inferences from defendant’s refusal to testify at penalty phase. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
12-8561
|
Paroline v. U.S.
Possessor of child pornography does not have to pay victim’s entire $3.4 million in losses from the trade in her images. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
B239184
|
People v. Prock
Prosecutor may reargue that defendant planned fatal stabbing after confrontation, despite prior acquittal of first-degree murder charge. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
B249830
|
Braziel v. Superior Court (People)
Three strikes offender is ineligible for resentencing because one of his offenses was a serious felony, even if it was not at time of his conviction. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
12-9490
|
Navarette v. California
Traffic stop does not violate Fourth Amendment when California Highway Patrol officers suspected driver was intoxicated based on tip from 911 caller. |
Criminal Law and Procedure |
|
Apr. 23, 2014 | |
E054926
|
People v. Dubose
Although jury properly convicts youth offenders of torture for beating group home counselor to death, trial court must reconsider whether LWOP is appropriate. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
13-30040
|
U.S. v. Taylor
Veteran receives increased sentence for defrauding VA because he lied about domestic violence incident during bond revocation hearing. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
12-35843
|
Forbess v. Franke
Federal habeas petitioner may pursue relief despite filing his petition late, because he suffered severe delusions that prevented him from understanding need to file. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
12-10526
|
U.S. v. Harrington
Motorist’s conviction for refusal to submit to blood alcohol test is overturned because Yosemite National Park rangers mistakenly told him his refusal was not a crime. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
12-10202
|
U.S. v. Christian
Trial court improperly excludes psychologist’s expert testimony solely because he examined defendant for competency, rather than diminished capacity. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
13-50387
|
U.S. v. Emmett
District court must provide explanation that allows for meaningful appellate review when denying probationer’s request to terminate his supervised release. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
11-50253
|
U.S. v. Odachyan
Armenian immigrant’s sentence for health care fraud is valid, despite allegedly anti-immigrant remarks made by sentencing judge. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
B246250
|
People v. Petrovic
Sex offender is guilty of posessing child pornography on his computer, even if he did not realize that images were stored in computer's temporary Internet files. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
G047523
|
People v. Arevalo
Mere presence of DNA on rock that may have been used to gain entry into nail salon during break-in does not support man’s burglary conviction. |
Criminal Law and Procedure |
|
Apr. 16, 2014 | |
12-50150
|
U.S. v. Charles
Prisoner who received 204-month sentence based on Career Offender Guideline is not eligible for sentence reduction under amendment to crack cocaine guidelines. |
Criminal Law and Procedure |
|
Apr. 16, 2014 | |
D063394
|
People v. Castillolopez
Man is not guilty of carrying concealed ‘dirk’ or ‘dagger’ based on his possession of pocketknife, because knife’s blade was not locked into position. |
Criminal Law and Procedure |
|
Apr. 16, 2014 | |
E049095
|
People v. Archuleta
Expert witness’ use of hearsay statement by gang member about defendant violates confrontation clause rights, but does not affect jury’s verdict. |
Criminal Law and Procedure |
|
Apr. 15, 2014 | |
S065575
|
In re Champion
Capital murderer is not entitled to habeas relief from conviction, despite trial attorney’s failure to present evidence against involvement in other crimes. |
Criminal Law and Procedure |
|
Apr. 15, 2014 | |
B247311
|
People v. Chilelli
Trial court must award slightly fewer presentence conduct credits to stalker based on law in effect when he stopped, rather than started, stalking victim. |
Criminal Law and Procedure |
|
Apr. 15, 2014 | |
12-50300
|
U.S. v. Villalobos
Attorney’s conviction for attempted extortion is upheld, despite instructional error, because he threatened to have client impede criminal investigation, in return for money. |
Criminal Law and Procedure |
|
Apr. 14, 2014 | |
12-30379
|
U.S. v. Gillenwater
District court properly orders involuntary medication of delusional man, who sent several threatening emails to government officials and employees for more than a year. |
Criminal Law and Procedure |
|
Apr. 14, 2014 | |
13-10110
|
U.S. v. Barrios-Siguenza
Deported man gets retrial of invalid conviction for assault on federal officer where counsel assured that he would be willing to return. |
Criminal Law and Procedure |
|
Apr. 10, 2014 | |
12-30324
|
U.S. v. Sheldon
Prosecution does not need to prove that man knew recorder used for child pornography was made outside of his state to convict him for sexual exploitation of child. |
Criminal Law and Procedure |
|
Apr. 10, 2014 | |
B243773
|
People v. Safety National Casualty Insurance Co.
Trial court incorrectly orders forfeiture of bail bond due to felony defendant's failure to attend hearing he was not required to attend by court or law. |
Criminal Law and Procedure |
|
Apr. 10, 2014 | |
E058373
|
People v. Sheehy
Thief is disqualified from serving sentence in county jail under Criminal Justice Realignment Act, because prior conviction required him to register as sex offender. |
Criminal Law and Procedure |
|
Apr. 10, 2014 | |
13-50066
|
U.S. v. Dominguez-Maroyoqui
Prior conviction for assault of federal officer does not qualify as a crime of violence for purposes of 12-level sentence increase on illegal reentry conviction. |
Criminal Law and Procedure |
|
Apr. 8, 2014 | |
S199339
|
People v. Arriaga
Mexican citizen, who sought to vacate previous conviction that could lead to his deportation, may pursue his appeal without obtaining certificate of probable cause. |
Criminal Law and Procedure |
|
Apr. 8, 2014 |