| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D063847
|
People v. Rowe
Woman must face charges of soliciting forcible rape and sodomy, because she posted ads online encouraging men to go to victim’s house for sex. |
Criminal Law and Procedure |
|
Apr. 7, 2014 | |
|
A136371
|
People v. Canela
Robber receives 'great bodily injury' sentence increase for hitting pedestrian with vehicle while evading police officers by driving on wrong side of highway. |
Criminal Law and Procedure |
|
Apr. 4, 2014 | |
|
12-50536
|
U.S. v. Ward
District court constructively amends indictment by failing to specify victims in jury instructions, which requires reversal of aggravated identity theft convictions. |
Criminal Law and Procedure |
|
Apr. 4, 2014 | |
|
E055423
|
People v. Wasbotten
Trial court may order woman, who robbed victims with Airsoft gun, to directly repay her victims for what she stole, without submitting matter to jury. |
Criminal Law and Procedure |
|
Apr. 4, 2014 | |
|
G048948
|
Hale v. Superior Court (People)
Prosecution may not increase drunken driver’s sentence for inflicting great bodily injury, after driver lost control of his vehicle and killed three passengers. |
Criminal Law and Procedure |
|
Apr. 3, 2014 | |
|
12-50464
|
U.S. v. Lopez
Government may convict Mexican citizen for illegally reentering U.S. after being deported, even if it could not produce order of deportation. |
Criminal Law and Procedure |
|
Apr. 3, 2014 | |
|
C071857
|
People v. Steele
Pimp is guilty of kidnapping wandering teenage girl for prostitution, because her mother retained legal custody over her despite their strained relationship. |
Criminal Law and Procedure |
|
Apr. 3, 2014 | |
|
H038673
|
People v. Ngo
Trial court must retry man for committing lewd and lascivious acts on seven-year-old girl because it used incorrect dates in its instructions to jury. |
Criminal Law and Procedure |
|
Apr. 1, 2014 | |
|
A135616
|
People v. Brewer
After choosing to impose longer sentence increases in case of attempted rapist, trial court correctly chooses to hold off on additional increases, rather than strike them. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
|
12-10255
|
U.S. v. Guillen-Cervantes
Smuggler who illegally transported immigrants into U.S. does not have right to seek contribution from co-conspirator to pay forfeiture judgment. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
|
C071233
|
People v. Durst
Arsonist’s confession may be used at trial, although police did not read ‘Miranda’ rights before interview, because he knew he was free to leave. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
|
12-10628
|
U.S. v. Vargem
Trial court may not increase sentence for having illegal machine gun based on protective order, which was issued against defendant without notice or hearing. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
|
H039915
|
People v. Morales
Court of Appeal must hear case, rather than appellate division of superior court, where defendant was originally charged with felony, which she later pleaded down. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
|
S206928
|
People v. Black
Trial court does not violate defendant's rights by wrongly forcing him to use peremptory challenges to remove biased jurors, because jury was ultimately fair. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
|
12-35461
|
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
|
H039416
|
People v. Marinelli
After successfully completing three years of probation, man who pleaded nolo contendere to attempted sex offenses may seek to expunge his plea. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
|
H039404
|
People v. Friday
Trial court may not impose probation condition requiring sex offender to waive ‘any privilege against self-incrimination’ as part of sex offender treatment program. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
|
E054926
|
People v. Dubose
Although jury properly convicts youth offenders of torture for beating group home counselor to death, trial court must reconsider whether LWOP is appropriate. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
|
12-1371
|
U.S. v. Castleman
Father who caused ‘bodily injury’ to mother of his child may not possess firearm, because his conviction was for a misdemeanor crime of domestic violence. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
|
B246250
|
People v. Petrovic
Sex offender is guilty of posessing child pornography on his computer, even if he did not realize that images were stored in computer's temporary Internet files. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
|
D062659
|
People v. Garcia
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
|
D062659
|
People v. Garcia (D062659)
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom. |
Criminal Law and Procedure |
|
Mar. 25, 2014 | |
|
12-50193
|
U.S. v. Hernandez-Arias
Mexican citizen, who had temporary resident status in U.S., illegally attempts to reenter country because his status was revoked by prior conviction. |
Criminal Law and Procedure |
|
Mar. 24, 2014 | |
|
12-50398
|
U.S. v. Montes-Ruiz
Court may not impose sentence for violation of supervised release to run concurrently with anticipated, but nonexistent, federal sentence in separate case. |
Criminal Law and Procedure |
|
Mar. 24, 2014 | |
|
B246670
|
People v. Garcia
Gang member who fired shots at rival gang members evades sentence increase because prosecution could not establish gang’s ‘pattern of criminal activity.’ |
Criminal Law and Procedure |
|
Mar. 24, 2014 | |
|
H039603
|
People v. Garcia (H039603)
Trial court may constitutionally require juvenile sex offender to waive his right against self-incrimination to receive probation in lieu of prison sentence. |
Criminal Law and Procedure |
|
Mar. 24, 2014 | |
|
H038462
|
People v. Ramirez
Sex offender is entitled to more lenient sentencing where his offenses occurred both before and after Oct. 1, 2011 effective date of latest conduct credit law. |
Criminal Law and Procedure |
|
Mar. 20, 2014 | |
|
E057282
|
People v. Weeks
Court improperly increases inmate’s sentence for possession of contraband by taking into account prior prison term, which he had not yet completed. |
Criminal Law and Procedure |
|
Mar. 19, 2014 | |
|
12-50137
|
U.S. v. Cortes
Undercover agent may have entrapped man by persuading him to make plans to rob a drug stash house for potentially large profits. |
Criminal Law and Procedure |
|
Mar. 18, 2014 | |
|
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 |
|
Mar. 18, 2014 |
