| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-50515
|
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing. |
Criminal Law and Procedure |
|
Feb. 12, 2015 | |
|
G048755
|
People v. Wilson
Multiple threatening statements made to single victim during single encounter justifies only one conviction for making criminal threats. |
Criminal Law and Procedure |
|
Feb. 11, 2015 | |
|
A134995
|
People v. Lewis
Convictions for sex crimes against child are upheld despite delay in reporting crimes that occurred in 1989. |
Criminal Law and Procedure |
|
Feb. 11, 2015 | |
|
B255894
|
People v. Wade
Person who carries loaded firearm inside backpack violates statute prohibiting carrying of loaded firearm ‘on the person.’ |
Criminal Law and Procedure |
|
Feb. 11, 2015 | |
|
B247844
|
People v. Cisneros
Prosecutor’s preference for next prospective juror over dismissed male jurors was not adequate nondiscriminatory reason for such dismissal. |
Criminal Law and Procedure |
|
Feb. 10, 2015 | |
|
A135668
|
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement. |
Criminal Law and Procedure |
|
Feb. 9, 2015 | |
|
C075983
|
People v. Munoz
Drug offender’s failure to object to counseling condition in trial court renders claim on appeal forfeited. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
|
S215927
|
People v. Cook
Great bodily harm enhancement may not be applied to manslaughter or murder convictions. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
|
13-50237
|
United States v. Burgos-Ortega
Prior state conviction properly considered for sentence enhancement, where no realistic possibility that state statute applied to conduct outside federal generic definition. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
|
F067805
|
People v. Rodriguez
In deciding whether to resentence inmate under Prop. 36, trial courts need not retain expert in gauging inmate’s current dangerousness. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
|
A138325
|
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion. |
Criminal Law and Procedure |
|
Feb. 3, 2015 | |
|
B254093
|
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision. |
Criminal Law and Procedure |
|
Feb. 3, 2015 | |
|
H041742
|
People v. Rivera
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
H041737
|
People v. Lynall
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
G048139
|
People v. Cannata
Statements admitting child sexual abuse fall outside psychotherapist-patient privilege. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
12-10492
|
U.S. v. Hsiung
In criminal antistrust case, convictions of all defendants affirmed; sentence of one defendant who submitted challenge affirmed; and petitions for rehearing and rehearing en banc denied. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
G049935
|
People v. Ramirez
Defendants who provoked gang fight not necessarily disqualified from self-defense in subsequent murder prosecution. |
Criminal Law and Procedure |
|
Jan. 30, 2015 | |
|
H039219
|
People v. Espinoza
Criminal trial may proceed in pro se defendant’s absence only if record shows voluntary and knowing waiver of fundamental trial rights. |
Criminal Law and Procedure |
|
Jan. 30, 2015 | |
|
H039779
|
People v. Almanza
Sex offender fails to overturn conviction because counsel’s serious conflicts did not prejudice him. |
Criminal Law and Procedure |
|
Jan. 30, 2015 | |
|
C072981
|
People v. Zinda
Justified-homicide-during-lawful-arrest instruction not required where defendant’s intention was only to kill. |
Criminal Law and Procedure |
|
Jan. 29, 2015 | |
|
H040702
|
Arteaga v. Superior Court (People)
Grand jury indictment may be based on uncorroborated accomplice testimony. |
Criminal Law and Procedure |
|
Jan. 29, 2015 | |
|
13-30133
|
U.S. v. Davis
Drug sentence upheld despite retroactive change to federal guidelines because, per Sotomayor concurrence, Rule 11(c)(1)(C) plea agreement was not based on the guidelines. |
Criminal Law and Procedure |
|
Jan. 28, 2015 | |
|
G049041
|
People v. Perez
Court abuses discretion in dismissing motion to withdrawal guilty plea. |
Criminal Law and Procedure |
|
Jan. 28, 2015 | |
|
G050399
|
People v. Vidana
Defendant cannot be convicted of both Larceny and embezzlement because they are not separate offenses, but two ways of committing theft. |
Criminal Law and Procedure |
|
Jan. 27, 2015 | |
|
13-10515
|
United States v. Whittemore
Conviction for making campaign contributions in name of another is supported, even if funds were gifts to third parties under state law. |
Criminal Law and Procedure |
|
Jan. 27, 2015 | |
|
12-50183
|
U.S. v. McElmurry
Self-professed child pornography addict escapes convictions due to district court’s prejudicial evidentiary ruling. |
Criminal Law and Procedure |
|
Jan. 27, 2015 | |
|
14-71696
|
Ezell v. United States
28 U.S.C. Section 2255(h) motion for successive Section 2255 petition is properly denied when no new or constitutional rule is presented. |
Criminal Law and Procedure |
|
Jan. 26, 2015 | |
|
13-30361
|
U.S. v. Ortiz
Probation officer’s familiarity with defendant’s voice enough to admit her testimony identifying defendant on intercepted phone calls, though calls were in Spanish and officer and defendant had spoken in English. |
Criminal Law and Procedure |
|
Jan. 26, 2015 | |
|
08-17790
|
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer. |
Criminal Law and Procedure |
|
Jan. 26, 2015 | |
|
B254093
|
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision. |
Criminal Law and Procedure |
|
Jan. 23, 2015 |
