Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A130605
|
People v. Petty
Probation condition requiring defendant to take antipsychotic medications is improper where his theft offense was not related to mental health issues. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
A132604
|
People v. Guion
Driver who lied about her identity to officer following accident and arranged for her son to bring another's driver's license to scene cannot be convicted of false impersonation. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
A134700
|
People v. Esmaili
Defendant is not entitled to determination of factual innocence even though sexual abuse charges against him were dismissed due to inconsistent testimony. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
B242196
|
People v. Prescott
Felons sentenced to county jail under Realignment Act are not entitled to presumption that they do not have ability to pay defense costs. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
B240341
|
People v. Arancibia
Court may not allow jurors to translate Spanish-language audio recordings of defendant’s interrogation for themselves. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
B241551
|
People v. Gipson
Gang member’s commitment to state prison is appropriate, even if his sentence was executed after Realignment Act's threshold date of Oct. 1, 2011. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
B238632
|
People v. Chavarria
Defendant who sold heroin through phone delivery service that covered both Ventura and Los Angeles Counties may be prosecuted in either county. |
Criminal Law and Procedure |
|
Feb. 27, 2013 | |
A132658
|
People v. Harrison
Deliberating juror is replaced with alternate juror after clearly demonstrating that he was unable to follow law by accepting basic legal principles. |
Criminal Law and Procedure |
|
Feb. 27, 2013 | |
B240880
|
People v. Delgado
Under Realignment Act, defendant may not be committed to county jail because his prior juvenile adjudication involved serious or violent felonies. |
Criminal Law and Procedure |
|
Feb. 26, 2013 | |
11-9307
|
Henderson v. U.S.
Appellate court may correct district court's improper lengthening of sentence so long as error was ‘plain’ at time of appellate review. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
11-465
|
Johnson v. Williams
State court does not overlook Sixth Amendment claim of defendant convicted of first-degree murder by rejecting some claims and not expressly addressing federal claim. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
11-1327
|
Evans v. Michigan
Defendant’s midtrial acquittal bars retrial under Double Jeopardy Clause even if acquittal was based on trial court’s erroneous addition of statutory element. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
11-820
|
Chaidez v. U.S.
Non-citizen may not claim attorney failed to advise her of immigration consequences of guilty plea because her conviction became final before announcement of new rule. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
B239848
|
People v. Western Insurance Co.
Bond is exonerated because trial court permitted defendant to travel to Philippines and escape apprehension without surety’s knowledge or consent. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
11-817
|
Florida v. Harris
Drug-detection dog's alert gives police officer probable cause to search vehicle in which ingredients for making narcotics were found. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
11-770
|
Bailey v. U.S.
Police officers may not detain occupant of apartment where lawful search was being conducted when he was one mile away. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
G046111
|
Orey v. Superior Court (People)
Although defendant was unlawfully placed on 45-day hold, petition for his commitment as sexually violent predator does not have to be dismissed. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
F063712
|
People v. Yearwood
Inmate may not use amended three strikes law to retroactively overturn his indeterminate life sentence for marijuana possession without petitioning for recall. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
E053348
|
People v. Steppe
DNA technician’s reliance on DNA test results and reports prepared by another analyst in forming conclusion does not violate defendant’s right to confrontation. |
Criminal Law and Procedure |
|
Feb. 15, 2013 | |
C064531
|
People v. Whitaker
Premeditated murder convictions are upheld despite initial dismissal following trial court’s delay in swearing in jury due to prosecution witness problems. |
Criminal Law and Procedure |
|
Feb. 14, 2013 | |
S026634
|
People v. Watkins
Open voir dire of convicted murderer, who shot hotel guest, is proper where he had opportunity to question jurors both openly and in private. |
Criminal Law and Procedure |
|
Feb. 14, 2013 | |
12-30016
|
U.S. v. May
Restitution order incorrectly includes expenses U.S. Postal Service incurred during policy change to avert mail thefts where defendants committed theft before policy change. |
Criminal Law and Procedure |
|
Feb. 13, 2013 | |
11-30337
|
U.S. v. Petri
Identity thief receives five-year sentence for his active role in ATM skimming scheme that victimized more than 300 individuals and garnered more than $276,836. |
Criminal Law and Procedure |
|
Feb. 11, 2013 | |
H037850
|
In re Stevenson
Board of Parole Hearings properly denies prisoner parole where psychologists assessed him as having 'low to moderate' risk for violent recidivism. |
Criminal Law and Procedure |
|
Feb. 11, 2013 | |
S093756
|
People v. Williams
Excusal of prospective juror for cause is appropriate when he repeatedly expressed extreme discomfort with prospect of imposing death penalty. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
09-56902
|
Cannedy v. Adams
Defense counsel provides deficient performance where he failed to present alleged victim’s Internet message recanting claims of molestation by her stepfather. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
11-10618
|
U.S. v. Stone
Felon's conviction for possession of ammunition that traveled in interstate commerce is valid without evidence that he knew ammunition’s origins. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
C070719
|
People v. Superior Court (Karsai)
Following exhaustive search for acceptable residence for sexually violent predator, he may be conditionally released into county as transient. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
A127394
|
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
B243654
|
People v. Corrales
Officer may pull over driver for texting while driving after seeing driver send text message while parked and later drive while making movements like he was texting. |
Criminal Law and Procedure |
|
Feb. 7, 2013 |