| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S189462
|
People v. Shockley
Step-grandfather is not entitled to jury instruction on battery as lesser included offense of lewd conduct on child under 14. |
Criminal Law and Procedure |
|
Feb. 27, 2014 | |
|
A138128
|
People v. Rosalinda C.
Developmentally disabled woman's civil commitment may be extended for one year, despite new California laws limiting extensions to six months. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
|
12-7822
|
Fernandez v. California
Police may search robbery suspect’s apartment without warrant because they obtained consent of another inhabitant well after suspect had been removed. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
|
12-464
|
Kaley v. U.S.
Couple cannot contest restraining order, which froze assets that were subject to forfeiture, because they challenged grand jury’s probable cause finding. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
|
09-99005
|
Ayala v. Wong
Trial judge may not consider whether prosecution’s peremptory challenges are racially discriminatory during private hearings without defense counsel. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
|
B248654
|
Hilton v. Superior Court (People)
Driver does not have to pay additional restitution to his victim because court lacked authority to reopen restitution issue after probation term ended. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
|
E058521
|
People v. Harris
Burglar gets sentence increase because he broke into guest room, which was attached to main house where owner was present at the time. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
|
13-6440
|
Hinton v. Alabama
Death row inmate may be entitled to new trial because his trial attorney failed to understand Alabama law regarding expert witness funding. |
Criminal Law and Procedure |
|
Feb. 25, 2014 | |
|
S122123
|
People v. Rodriguez
Woman who fatally poisoned her husband for insurance money receives death sentence based on testimony that she was emotionless about his death. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
|
S206084
|
People v. Infante
Gang member's status as felon in possession of firearm warrants felony treatment of charges based on carrying concealed gun in public. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
|
12-10331
|
U.S. v. Chandler
Felon must serve 235 months in prison for illegally possessing firearm, because he already had three prior convictions for violent offenses. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
|
12-10471
|
U.S. v. Garcia-Santana
INS Deciding Service Officer’s mistaken decision to deport burglary conspirator due to aggravated felony invalidates her later illegal reentry charge. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
|
D063560
|
People v. Hood
Man’s probation is upheld because the prosecution neither alleged nor proved that he was ineligible for probation for his current assault and battery convictions. |
Criminal Law and Procedure |
|
Feb. 20, 2014 | |
|
D062372
|
People v. Tessman
Woman’s commercial burglary conviction is upheld despite trial judge’s reference to ‘what she should have known’ regarding stolen necklace. |
Criminal Law and Procedure |
|
Feb. 19, 2014 | |
|
12-10158
|
U.S. v. Gonzalez-Monterroso
Guatemalan man may not receive increased sentence for illegal reentry based on prior Delaware attempted rape conviction, which was not a crime of violence. |
Criminal Law and Procedure |
|
Feb. 18, 2014 | |
|
12-35397
|
Vosgien v. Persson
Habeas petitioner may challenge Oregon ‘compelling prostitution’ conviction, although he missed filing deadline, because he did not legally commit crime. |
Criminal Law and Procedure |
|
Feb. 14, 2014 | |
|
B236898
|
People v. Garcia
Murderer gives up right to speedy trial by fleeing California immediately after killing victim 33 years prior to his arrest in Texas. |
Criminal Law and Procedure |
|
Feb. 14, 2014 | |
|
B239963
|
People v. Rodarte
Trial court properly declines to instruct jury regarding imperfect self-defense on charges involving shooting at man from a motor vehicle. |
Criminal Law and Procedure |
|
Feb. 14, 2014 | |
|
G048097
|
People v. Casica
Woman receives reduced sentence for burglary and forgery offenses because her one objective in crimes was to steal her friend’s money. |
Criminal Law and Procedure |
|
Feb. 12, 2014 | |
|
12-10045
|
U.S. v. Popov
Health care provider who submitted fraudulent Medicare claims can hold off on paying $607,457 in restitution because court improperly calculated restitution amount. |
Criminal Law and Procedure |
|
Feb. 12, 2014 | |
|
A136655
|
People v. Sasser
Sex offender receives multiple sentence enhancements due to his prior conviction for lewd act on child, resulting in aggregate term of 495 years to life. |
Criminal Law and Procedure |
|
Feb. 12, 2014 | |
|
13-10025
|
U.S. v. Vallejos
Offender who used LimeWire’s peer-to-peer file-sharing program to download child pornography receives sentence increase for distribution. |
Criminal Law and Procedure |
|
Feb. 11, 2014 | |
|
12-10433
|
U.S. v. Vasquez-Perez
Foreign citizen does not need verbal notice of additional allegations against him at initial hearing, when he was already in custody for illegally reentering U.S. |
Criminal Law and Procedure |
|
Feb. 11, 2014 | |
|
11-17116
|
Smith v. Swarthout
Juror’s failure to disclose that he knew defendant through his daughter, who was defendant's neighbor, does not affect attempted murder conviction. |
Criminal Law and Procedure |
|
Feb. 11, 2014 | |
|
F065496
|
People v. Lipsett
Thief makes criminal threats by yelling 'shoot him' at victim’s dog, intending to scare victim into leaving with dog so he could steal his bike. |
Criminal Law and Procedure |
|
Feb. 11, 2014 | |
|
G048566
|
People v. Bautista
State may charge man, who possessed ‘50 to 100 days’ worth of heroin, with drug dealing, even if magistrate judge believed there was not enough evidence. |
Criminal Law and Procedure |
|
Feb. 11, 2014 | |
|
12-10549
|
U.S. v. Carter
Participant in fraudulent airline ticketing scheme gets out of $66,000 restitution payment because forfeited assets already satisfied that obligation. |
Criminal Law and Procedure |
|
Feb. 10, 2014 | |
|
12-30337
|
U.S. v. Hammond
Oregon ranchers must be sentenced to at least five years of imprisonment for burning 139 acres of federal government’s public land. |
Criminal Law and Procedure |
|
Feb. 10, 2014 | |
|
D063719
|
In re Martinez
Offender is ineligible for resentencing under new version of the Three Strikes law because his spousal rape conviction was a serious and violent felony. |
Criminal Law and Procedure |
|
Feb. 10, 2014 | |
|
B242963
|
People v. Jones
Gang member who was caught on surveillance cameras shooting another gang member is guilty of first degree murder, regardless of possible jury instruction issues. |
Criminal Law and Procedure |
|
Feb. 7, 2014 |
