| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-50471
|
U.S. v. Bustos-Ochoa
Immigration judge’s failure to inform illegal alien of availability of possible relief from deportation does not prejudice alien because he was ineligible for relief. |
Criminal Law and Procedure |
|
Apr. 23, 2013 | |
|
12-30015
|
U.S. v. McClendon
Handgun discovered by police may be used as evidence because defendant discarded gun while walking away from police before they tackled him. |
Criminal Law and Procedure |
|
Apr. 22, 2013 | |
|
B185940
|
People v. Barba
In case involving murder of cab driver, DNA tests of bloody knife and sweatshirt used to convict defendant do not violate his constitutional rights. |
Criminal Law and Procedure |
|
Apr. 22, 2013 | |
|
11-30107
|
U.S. v. Barnes
FBI agents engage in prohibited interrogation process by deliberately delaying giving 'Miranda' warnings to induce defendant’s cooperation in drug investigation. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
11-50376
|
U.S. v. Anguiano-Morfin
Former lawful permanent resident is convicted of making false claim of citizenship despite defense that he suffered delusion causing him to believe he was a citizen. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
A132591
|
In re Stoneroad
Board of Parole Hearings' parole denial fails to properly consider factors bearing on parole suitability and is unsupported by evidence of current dangerousness. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
A132915
|
People v. Harrison
Trial court has no duty to inform defendant of his option to request advisory counsel after granting his request to represent himself. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
B236269
|
People v. McCall
Unlicensed student midwife is properly convicted of practicing medicine without certification, a felony, because she delivered child without supervision. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
S200158
|
People v. Clancey
Trial court must resolve ambiguity as to whether its indicated sentence was appropriate punishment, regardless of whether guilt was secured by plea or trial. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
11-1425
|
Missouri v. McNeely
In drunken-driving cases, absent other factors, natural metabolization of alcohol in bloodstream does not justify warrantless nonconsensual blood tests. |
Criminal Law and Procedure |
|
Apr. 18, 2013 | |
|
B238949
|
People v. Pellecer
Defendant's conviction for carrying concealed knives on his person is improper because his knives were inside his backpack, not on his body. |
Criminal Law and Procedure |
|
Apr. 18, 2013 | |
|
11-50353
|
U.S. v. Trujillo
Court must address non-frivolous arguments that defendant presented in support of his motion to lower his sentence for drug-related offense. |
Criminal Law and Procedure |
|
Apr. 17, 2013 | |
|
S192536
|
People v. Anzalone
While trial court committed error by not asking jury whether they agreed upon verdict before reading it, error is harmless because verdict was unanimous. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
|
D060317
|
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
|
06-50717
|
U.S. v. Garrido
City official's honest services mail fraud convictions are reversed for lack of evidence supporting involvement in bribery or kickback scheme. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
|
A132360
|
People v. McEvoy
California's prohibition of incest does not violate constitutional rights due to state's interest in protecting integrity of family unit and prohibiting inbreeding. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
|
B232609
|
People v. Vallejo
Jury foreman's decision to decline request for readback of testimony is not misconduct because only one juror wanted to rehear testimony. |
Criminal Law and Procedure |
|
Apr. 16, 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 |
|
Apr. 15, 2013 | |
|
E054307
|
People v. Cook
Sentence enhancements for causing great bodily injury are incorrectly imposed on defendant as to two manslaughter victims of gruesome motor vehicle accident. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
E055263
|
People v. Kelly
Defendant is not entitled to serve sentence in county jail after revocation of his probation because he was originally sentenced to four years in state prison. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
A134695
|
People v. Gutierrez
Molestation charges are properly dismissed after prosecution failed to disclose reports that showed victim made unfounded accusations of molestation in the past. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
B237354
|
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
D059607
|
People v. Evans
Court may not use lost income or profits in determining whether defendant caused more than $200,000 in losses to victims after stealing their vehicles. |
Criminal Law and Procedure |
|
Apr. 10, 2013 | |
|
11-50219
|
U.S. v. Yuman-Hernandez
Conspirator in fictitious stash house robbery receives mandatory minimum sentence after failing to prove he lacked capability to deal in quantity of drugs charged. |
Criminal Law and Procedure |
|
Apr. 9, 2013 | |
|
S192176
|
People v. Leiva
Court may not reinstate defendant’s probation based solely on conduct that occurred after court-imposed probationary period elapsed. |
Criminal Law and Procedure |
|
Apr. 9, 2013 | |
|
S195600
|
People v. Carbajal
Double jeopardy does not bar retrial for commission of offenses against multiple victims because first jury could not consider multiple victim allegation. |
Criminal Law and Procedure |
|
Apr. 9, 2013 | |
|
E053349
|
People v. Lawson
Instruction on mistake defense is unnecessary, even if jury could have reasonably inferred petty theft defendant simply forgot about item before leaving store. |
Criminal Law and Procedure |
|
Apr. 8, 2013 | |
|
B237354
|
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member. |
Criminal Law and Procedure |
|
Apr. 5, 2013 | |
|
S192704
|
People v. Delgado
Assailant's conviction for robbing victim in backseat of moving car is upheld despite court’s failure to instruct jury regarding accomplice liability. |
Criminal Law and Procedure |
|
Apr. 5, 2013 | |
|
12-50061
|
U.S. v. Augustine
Defendant is not entitled to lower mandatory minimum sentence under Fair Sentencing Act because he was sentenced for crack cocaine offense before Act’s enactment. |
Criminal Law and Procedure |
|
Apr. 4, 2013 |
