Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B244607
|
People v. Davidson
Police officer does not need to read suspect 'Miranda' rights before asking single question regarding whether or not stolen motorcycle belonged to him. |
Criminal Law and Procedure |
|
Nov. 28, 2013 | |
B239867
|
People v. Johnson
Law enforcement veteran fails to overturn conviction for husband's murder, although she was absent when bailiff showed jury how murder weapon worked. |
Criminal Law and Procedure |
|
Nov. 28, 2013 | |
S213571
|
People v. Aguilar
Order |
Criminal Law and Procedure |
|
Nov. 28, 2013 | |
S213687
|
People v. Trujillo
Order |
Criminal Law and Procedure |
|
Nov. 28, 2013 | |
B241561
|
People v. Sanchez
First degree murder conviction is struck down because trial court improperly instructed jury that it did not need to agree on single theory of crime. |
Criminal Law and Procedure |
|
Nov. 28, 2013 | |
11-35338
|
Smith v. Oregon Board of Parole and Post-Prison Supervision
Convicted man may raise Confrontation Clause issue in federal proceedings, although he did not at trial, because Oregon appellate court may have considered it. |
Criminal Law and Procedure |
|
Nov. 26, 2013 | |
12-50484
|
U.S. v. Arreguin
DEA agents violate Fourth Amendment by searching home’s master bedroom after rushing past houseguest, who let them in but could not consent to a search. |
Criminal Law and Procedure |
|
Nov. 24, 2013 | |
S195423
|
People v. Vangelder
Expert testimony regarding breath-testing machines may not be used in drunken-driving trial because it encouraged jury to ignore legislative policy. |
Criminal Law and Procedure |
|
Nov. 21, 2013 | |
C071328
|
People v. Haro
Convicted stalker's prior juvenile robbery case may not be used as a 'strike' to increase his sentence under Three Strikes law. |
Criminal Law and Procedure |
|
Nov. 21, 2013 | |
10-56118
|
Larsen v. Soto
Following trial, suspect proves his innocence and overturns his life sentence by presenting three credible witnesses, who attested to his innocence. |
Criminal Law and Procedure |
|
Nov. 20, 2013 | |
B241044
|
People v. Johnson
Mastermind of home invasion is convicted of first degree murder, although he was not there when victim fatally shot one of the robbers. |
Criminal Law and Procedure |
|
Nov. 19, 2013 | |
11-50107
|
U.S. v. Chovan
Federal lifetime firearm ban still applies to man convicted of misdemeanor domestic violence despite expiration of California’s 10-year ban. |
Criminal Law and Procedure |
|
Nov. 18, 2013 | |
G047603
|
People v. Contreras
Man sentenced to life 19 days before Three Strikes Reform Act went into effect is entitled to resentencing under new law. |
Criminal Law and Procedure |
|
Nov. 18, 2013 | |
12-30235
|
U.S. v. King
Canadian firearms enthusiast unlawfully deals in firearms although he purportedly tried to sell them on behalf of a licensed Oregon firearms company. |
Criminal Law and Procedure |
|
Nov. 17, 2013 | |
G048369
|
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration. |
Criminal Law and Procedure |
|
Nov. 17, 2013 | |
12-15631
|
Vega v. Ryan
Lawyer gives ineffective assistance by failing to present testimony of priest, who heard victim take back sexual abuse allegations against her stepfather. |
Criminal Law and Procedure |
|
Nov. 14, 2013 | |
H037681
|
People v. Scott
Appellate division of superior court must decide case where district attorney dropped felony charge, but obtained convictions on three misdemeanors. |
Criminal Law and Procedure |
|
Nov. 14, 2013 | |
E055034
|
People v. Nunez
Defendant who served more days in custody than he should have does not get credit to reduce term of mandatory supervised probation. |
Criminal Law and Procedure |
|
Nov. 8, 2013 | |
11-30119
|
U.S. v. Horob
District court does not act vindictively in imposing same sentence, after Ninth Circuit overturned convictions and ordered resentencing. |
Criminal Law and Procedure |
|
Nov. 8, 2013 | |
F063835
|
People v. Anaya
Gang members receive reduced sentences for extortion because jury did not find they used threats to induce fear when collecting gang debt. |
Criminal Law and Procedure |
|
Nov. 7, 2013 | |
12-414
|
Burt v. Titlow
Lawyer appropriately advises client to withdraw guilty plea where client claimed innocence and knew that first-degree murder conviction was possible. |
Criminal Law and Procedure |
|
Nov. 6, 2013 | |
B245316
|
People v. Dolezal
California does not violate First Amendment by punishing bail bond agents who directly solicit bail bond business at jails. |
Criminal Law and Procedure |
|
Nov. 6, 2013 | |
D062445
|
People v. Lettice
Trial court must reconsider whether to allow prosecution to submit amended charges, even after drunk driver had already entered plea agreement. |
Criminal Law and Procedure |
|
Nov. 5, 2013 | |
10-55985
|
Stewart v. Cate
Gang member who was convicted as the driver in a drive-by shooting may not seek federal habeas corpus relief because he waited too long to file petition. |
Criminal Law and Procedure |
|
Nov. 4, 2013 | |
E055034
|
People v. Nunez
Defendant who served more days in custody than he should have does not get credit to reduce term of mandatory supervised probation. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
10-504
|
Opinion of Harris
District Attorney may criminally prosecute buyers and sellers to punish them for illegally transferring firearms in unlicensed firearm transactions. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
S199830
|
People v. Harrison
Failure to adhere to proper evaluation and certification procedures does not automatically mean prisoner cannot be certified as Mentally Disordered Offender. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
12-10404
|
U.S. v. Tercero
Following enactment of Fair Sentencing Act, district court properly refuses to further reduce crack cocaine offender’s sentence below 70 months. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
11-56420
|
Amado v. Gonzalez
Prosecution's failure to reveal key witness' criminal background and gang affiliation results in reversal of 1998 conviction for aiding and abetting murder on public bus. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
12-10208
|
U.S. v. Kyle
District judge’s remarks during plea agreement discussions upend guilty plea in child sexual abuse case by influencing decision to enter plea. |
Criminal Law and Procedure |
|
Oct. 31, 2013 |