| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G039186
|
People v. Force
Indeterminate confinement under Sexually Violent Predator Act does not violate due process. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
07-10261
|
U.S. v. SDI Future Health Inc.
Corporate executives challenging police search must show some 'personal connection' to company premises not reserved for their exclusive use. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
07-55860
|
U.S. v. $40,955.00 In United States Currency
Parents who own and occupy residence have standing to challenge search of bedroom from which son conducted marijuana sales. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
F054047
|
People v. Adams
Makeshift styrofoam device that is "breakable" can constitute a destructive device under Penal Code Section 12301. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
E042038
|
People v. Williams
Court finds harmless error where evidence of contacts with law enforcement, not leading to arrest or conviction, is presented to jury. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
B188868
|
People v. Byron
Testimonial hearsay statements are admissible against defendant to prove assault of victim. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
08-5657
|
Nelson v. U.S.
Sentencing court's application of presumption of reasonableness to Guidelines range constitutes error. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
07-854
|
Van de Kamp v. Goldstein
Supervisory prosecutors are entitled to absolute immunity where plaintiff claimed they trained other prosecutors and managed information improperly. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
07-1122
|
Arizona v. Johnson
Officer's patdown of passenger after questioning him on matter unrelated to traffic stop does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
B207979
|
People v. Sardinas
Court properly denies motion to suppress drug evidence recovered during parole search conducted for legitimate law enforcement purpose. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
B205941
|
People v. Myers
Court properly denies motion to reduce felony offense to misdemeanor where defendant completes drug program and does not serve prison sentence. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
A119768
|
People v. Luna
Conviction for attempt to manufacture hashish does not stand where defendant's conduct did not advance beyond preparation. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
07-99008
|
U.S. v. Mikhel
SAM restrictions must be modified to allow inmate to use translator when communicating with appellate counsel and meet with investigator alone. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
07-50473
|
U.S. v. Orlando
$30,000 fine imposed on defendant who pleads guilty to tax evasion is reasonable. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
A121037
|
People v. Cates
Condition that defendant complete batterer's counseling program is upheld in case involving felonious assault on former girlfriend. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
B203825
|
People v. Quintanilla
In child rape case, court does not abuse its discretion in imposing fully consecutive sentence. |
Criminal Law and Procedure |
|
Jan. 22, 2009 | |
|
G039038
|
People v. Wagner
Pandering conviction is reversed where pimp 'induced' woman who was already prostitute. |
Criminal Law and Procedure |
|
Jan. 22, 2009 | |
|
B203935
|
People v. Graff
Court improperly allows jury to convict defendant based on charges not established at preliminary hearing. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
07-772
|
Waddington v. Sarausad
In case involving drive-by shooting, jury instructions for accomplice liability are deemed unambiguous. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
08-5721
|
Spears v. U.S.
District court has authority to vary from crack cocaine Guidelines based on policy disagreement and apply replacement ratio to correct disparity. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
D051015
|
In re Vasquez
Commitment offense is insufficient to satisfy 'some evidence' standard demonstrating parolee's present risk of danger to society. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
05-50170
|
U.S. v. Aguila-Montes De Oca
Sentence enhancement is improper where state burglary conviction lacks element required by federal definition. |
Criminal Law and Procedure |
|
Jan. 20, 2009 | |
|
06-50628
|
U.S. v. Bond
In wire fraud prosecution arising from electric power sales scheme, government does not commit 'Brady' violation where defendant could have subpoenaed witness. |
Criminal Law and Procedure |
|
Jan. 20, 2009 | |
|
07-50293
|
U.S. v. Esparza
Court must make requisite findings with respect to conditions of supervised release that implicate particularly significant liberty interests. |
Criminal Law and Procedure |
|
Jan. 20, 2009 | |
|
C055070
|
People v. Kenefick
Multiple forged signatures on single document constitute only one count of forgery. |
Criminal Law and Procedure |
|
Jan. 19, 2009 | |
|
H033239
|
The Board of Parole Hearings v. Superior Court (Portee)
Court exceeds jurisdiction where order directed Board of Parole Hearings to isolate parts of commitment offense qualifying for invocation of unsuitability for parole. |
Criminal Law and Procedure |
|
Jan. 19, 2009 | |
|
07-30183
|
U.S. v. Selby
BPA official who actively participates in internal agency deliberations resulting in sales commissions to husband is guilty of felony conflict of interest. |
Criminal Law and Procedure |
|
Jan. 15, 2009 | |
|
07-6984
|
Jimenez v. Quarterman
In case involving Antiterrorism and Effective Death Penalty Act of 1996, court of appeal's denial of certificate of appealability is reversed. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
B209638
|
In re Gaul
Board's denial of parole is unsupported by evidence that parolee poses unreasonable risk to society. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
07-513
|
Herring v. U.S.
Exclusionary rule does not apply when police mistakes leading to unlawful search are result of isolated negligence attenuated from search. |
Criminal Law and Procedure |
|
Jan. 14, 2009 |