Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
11-9335
|
Alleyne v. U.S.
Federal court must reassess defendant's sentence for robbing store manager because his sentence was based on findings made by judge, rather than jury. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
11-30363
|
U.S. v. Gillenwater
Court denies defendant's constitutional right to testify at pretrial competency hearing by failing to tell him his disruptive conduct could cause waiver of right. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
B237734
|
People v. Sullivan
Defendant may not be retried for assault after jury reached verdict on assault charge, but deadlocked as to great bodily injury enhancement. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
09-55837
|
Aleman v. Uribe
Prosecutor's removal of Hispanic woman during jury selection because he mistakenly believed she said she was 'prissy' does not constitute purposeful discrimination. |
Criminal Law and Procedure |
|
Jun. 16, 2013 | |
12-50097
|
U.S. v. Needham
Sex offender may not suppress evidence of child pornography found on his iPod during search of his residence. |
Criminal Law and Procedure |
|
Jun. 16, 2013 | |
C069153
|
People v. Her
Murder conviction is properly based on DNA matching defendant, which police found at murder scene, despite lack of statistical analysis. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
S192704
|
People v. Delgado
Assailant's conviction for robbing victim in backseat of moving car is upheld despite court’s failure to instruct jury regarding accomplice liability. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
S192536
|
People v. Anzalone
While trial court committed error by not asking jury whether they agreed upon verdict before reading it, error is harmless because verdict was unanimous. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
G046129
|
People v. Eid
Jury may not convict defendant of uncharged offenses of attempted extortion and false imprisonment following acquittal on kidnapping for ransom charge. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
12-167
|
U.S. v. Davila
Magistrate judge's advice to defendant to plead guilty to tax fraud charges does not require court to automatically overturn guilty plea. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
S073597
|
People v. Lopez
Capital defendant convicted of interracial murder fails to overturn sentence by claiming court should have followed up with potential jurors on racial bias question. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
12-50048
|
U.S. v. Gonzalez-Aguilar
Defendant is not entitled to relief from government’s alleged breach of plea agreement due to mentioning of his extensive criminal history. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
F057722
|
People v. Pizarro
First-degree murder conviction is thrown out because juror independently read earlier appellate opinion regarding case that revealed extraneous information. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
B238099
|
People v. Solis
Business owners cannot use Medical Marijuana Act defense against possession charges because collective’s income was treated as personal salary. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
F059511
|
In re Cabrera
Inmate’s possession of artwork signed by affiliate of Mexican Mafia does not sufficiently support inmate’s validation as gang associate. |
Criminal Law and Procedure |
|
Jun. 12, 2013 | |
E055569
|
People v. Lewis
Three Strikes Reform Act of 2012 allows reduction in sentence of 25 years to life when case was not yet final on appeal. |
Criminal Law and Procedure |
|
Jun. 11, 2013 | |
A135131
|
People v. Barnes
Police do not violate Fourth Amendment privacy right by using Global Positioning System to locate stolen cell phone. |
Criminal Law and Procedure |
|
Jun. 11, 2013 | |
12-62
|
Peugh v. United States
Sentence based on version of sentencing guideline promulgated after commission of crimes and more severe than prior guideline violates Ex Post Facto Clause. |
Criminal Law and Procedure |
|
Jun. 10, 2013 | |
S198324
|
People v. Santana
Argumentative jury instruction given at trial does not prejudice defendant who shot teenager in leg three times, clearly intending to cause disabling injury. |
Criminal Law and Procedure |
|
Jun. 10, 2013 | |
12-50056
|
U.S. v. Muniz-Jaquez
Court should have allowed alien to review Border Patrol dispatch tapes that were pertinent to his official-restraint defense and for use in impeaching witness. |
Criminal Law and Procedure |
|
Jun. 10, 2013 | |
C070271
|
People v. Cross
Trial court does not have to advise defendant of fundamental rights before giving effect to stipulation to existence of prior domestic violence conviction. |
Criminal Law and Procedure |
|
Jun. 9, 2013 | |
11-16784
|
Babb v. Lozowsky
In case of woman who murdered cab driver, Nevada state court’s incorrect application of federal law is harmless because jury convicted her on different theory of murder. |
Criminal Law and Procedure |
|
Jun. 7, 2013 | |
11-10362
|
U.S. v. Watters
After unlawfully selling cars left behind in wake of Hurricane Katrina, man obstructs justice by presenting forged purchase receipts for vehicles. |
Criminal Law and Procedure |
|
Jun. 6, 2013 | |
12-694
|
Nevada v. Jackson
Defendant is not entitled to federal habeas relief due to trial court’s exclusion of victim’s prior false allegations of rape and assault. |
Criminal Law and Procedure |
|
Jun. 4, 2013 | |
12-207
|
Maryland v. King
Police may use cheek swab to take suspect's DNA after arresting him with probable cause for serious offense and detaining him at police station. |
Criminal Law and Procedure |
|
Jun. 4, 2013 | |
S192644
|
People v. Beltran
Second degree murder conviction stands where court's instruction focused on whether average person would be induced to react from passion, not from judgment. |
Criminal Law and Procedure |
|
Jun. 4, 2013 | |
S196365
|
People v. Bryant
Trial court does not need to instruct jury on voluntary manslaughter because defendant, who stabbed boyfriend during fight, lacked intent to kill. |
Criminal Law and Procedure |
|
Jun. 4, 2013 | |
10-99013
|
Deere v. Cullen
Defendant who killed ex-girlfriend's family members and pleaded guilty while knowing he would face death penalty is not incompetent to stand trial. |
Criminal Law and Procedure |
|
Jun. 4, 2013 | |
11-50230
|
U.S. v. Ajoku
California ‘exemptee’ violates federal law prohibiting false statements related to health care matters by falsifying state forms to receive Medicare benefits. |
Criminal Law and Procedure |
|
Jun. 4, 2013 | |
12-30233
|
U.S. v. Cabrera-Gutierrez
Convicted sex offender who travels between states may be required by Congress to register as sex offender under authority of Commerce Clause. |
Criminal Law and Procedure |
|
Jun. 4, 2013 |