Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
11-30262
|
U.S. v. Gomez
Defendant’s prior sexual offense conviction cannot form basis for 16-level sentencing enhancement in current illegal entry conviction. |
Criminal Law and Procedure |
|
Oct. 8, 2013 | |
12-10240
|
U.S. v. Cohen
Court properly increases defendant’s sentence because he lured patrons of charitable organization into buying false shares in for-profit company. |
Criminal Law and Procedure |
|
Oct. 8, 2013 | |
E055009
|
People v. Lester
Police officers act reasonably by entering apartment looking for people in need of help, after receiving 911 call that there had been fight. |
Criminal Law and Procedure |
|
Oct. 8, 2013 | |
H038356
|
People v. Reece
Under Criminal Justice Realignment Act, man convicted of nonviolent crimes is sent to county jail, rather than state prison. |
Criminal Law and Procedure |
|
Oct. 8, 2013 | |
13-16895
|
Schad v. Ryan
Murderer may not file second habeas petition to claim his attorney should have presented evidence of the effect of childhood abuse on his mental condition. |
Criminal Law and Procedure |
|
Oct. 7, 2013 | |
S212157
|
People v. Cross
Order |
Criminal Law and Procedure |
|
Oct. 4, 2013 | |
C068288
|
People v. Juhasz
Trial judge must give drug user another chance to enroll in drug treatment program, even if he twice squandered treatment opportunities in the past. |
Criminal Law and Procedure |
|
Oct. 4, 2013 | |
H038658
|
People v. Valenzuela
Carjacker may not bring up his inability to pay a $10 crime prevention fine for the first time on appeal. |
Criminal Law and Procedure |
|
Oct. 4, 2013 | |
S089478
|
People v. Mai
Defendant’s conviction for murder of California Highway Patrol officer is upheld because excusal of three African American prospective jurors was not racially motivated. |
Criminal Law and Procedure |
|
Oct. 3, 2013 | |
S042346
|
People v. Jones
Juror who would not consider death penalty due to religious beliefs is properly excused at trial of defendant who strangled numerous women. |
Criminal Law and Procedure |
|
Oct. 3, 2013 | |
S070536
|
People v. Maciel
Gang member who was involved in murders of five victims may not challenge death sentence based on right to seek advice of Mexican consulate. |
Criminal Law and Procedure |
|
Oct. 3, 2013 | |
10-10613
|
U.S. v. Liu
Founder of company that pirated software may not be found guilty of criminal copyright infringement if he did not know his actions were illegal. |
Criminal Law and Procedure |
|
Oct. 2, 2013 | |
12-1371
|
United States v. Castleman
Order |
Criminal Law and Procedure |
|
Oct. 2, 2013 | |
12-10067
|
U.S. v. Tosti
Man who had child pornography on his computer surrenders his privacy rights by voluntarily giving his computer to store technician for servicing. |
Criminal Law and Procedure |
|
Oct. 2, 2013 | |
12-10534
|
U.S. v. Nickerson
U.S. has more than 70 days to prosecute drunken driver after reinstating charges, which were initially dropped because she was secretly videotaped in holding cell. |
Criminal Law and Procedure |
|
Oct. 2, 2013 | |
H038082
|
People v. Jacobs
Lawyer adequately defends man in rape case where court would not have lowered sentence even if lawyer allegedly failed to argue for minimum sentence. |
Criminal Law and Procedure |
|
Oct. 2, 2013 | |
12-9490
|
Navarette v. California
Order |
Criminal Law and Procedure |
|
Oct. 2, 2013 | |
11-50294
|
U.S. v. Laurienti
Stockbroker does not deserve special hearing at sentencing to prove he did not know about securities regulations he was charged with violating. |
Criminal Law and Procedure |
|
Oct. 1, 2013 | |
B239983
|
People v. Valadez
Gang expert may give his opinion on whether defendants are gang members based on casual conversations with officers and other gang members. |
Criminal Law and Procedure |
|
Sep. 30, 2013 | |
13-73267
|
Stake Center Locating Inc. v. District Court (DiFrancesco)
Company may not force U.S. Attorneys’ Office to bring criminal forfeiture proceeding against IRS to get money embezzled by company’s former employee. |
Criminal Law and Procedure |
|
Sep. 27, 2013 | |
C072168
|
People v. Sievert
Man who suffered head wound while resisting police officers cannot require trial judge to instruct jury that he was unconscious during altercation. |
Criminal Law and Procedure |
|
Sep. 27, 2013 | |
11-56620
|
Maciel v. Cate
California may require man who was convicted of molesting child to register as sex offender, even if state trial court initially did not do so. |
Criminal Law and Procedure |
|
Sep. 26, 2013 | |
10-17203
|
Graves v. McEwen
Court-appointed appellate counsel may back out of habeas appeal after explaining why she believed client was not entitled to relief. |
Criminal Law and Procedure |
|
Sep. 25, 2013 | |
F065003
|
James v. State
California may prohibit man, who was convicted of domestic violence against his former wife, from later purchasing a firearm. |
Criminal Law and Procedure |
|
Sep. 25, 2013 | |
11-55686
|
Varghese v. Uribe
Defendant’s murder conviction stands where state court’s compromise to condition testing of bloodstain on disclosure is not abuse of discretion. |
Criminal Law and Procedure |
|
Sep. 24, 2013 | |
12-55860
|
Smith v. Lopez
Husband’s conviction for murdering wife is overturned because prosecution ambushed him with new theory about the murder right before closing arguments. |
Criminal Law and Procedure |
|
Sep. 24, 2013 | |
C068833
|
People v. Snow
Thief must pay probation fees because he argued that he could not pay them on appeal, but failed to object at trial. |
Criminal Law and Procedure |
|
Sep. 24, 2013 | |
10-30072
|
U.S. v. Elk Shoulder
Montana sex offenders are subject SORNA's federal sex offender registration requirements after being released from prison. |
Criminal Law and Procedure |
|
Sep. 24, 2013 | |
A135516
|
People v. Aguilar
Man convicted of injuring woman he lived with may not fight various fees imposed by court without initially objecting to them at trial. |
Criminal Law and Procedure |
|
Sep. 23, 2013 | |
10-10618
|
U.S. v. Arqueta-Ramos
During Operation Streamline proceeding for taking pleas en masse, judge must question each defendant individually to ensure she understands her rights. |
Criminal Law and Procedure |
|
Sep. 23, 2013 |