| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B242196
|
People v. Prescott
Felons sentenced to county jail under Realignment Act are not entitled to presumption that they do not have ability to pay defense costs. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
|
B240341
|
People v. Arancibia
Court may not allow jurors to translate Spanish-language audio recordings of defendant’s interrogation for themselves. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
|
B241551
|
People v. Gipson
Gang member’s commitment to state prison is appropriate, even if his sentence was executed after Realignment Act's threshold date of Oct. 1, 2011. |
Criminal Law and Procedure |
|
Feb. 28, 2013 | |
|
B238632
|
People v. Chavarria
Defendant who sold heroin through phone delivery service that covered both Ventura and Los Angeles Counties may be prosecuted in either county. |
Criminal Law and Procedure |
|
Feb. 27, 2013 | |
|
A132658
|
People v. Harrison
Deliberating juror is replaced with alternate juror after clearly demonstrating that he was unable to follow law by accepting basic legal principles. |
Criminal Law and Procedure |
|
Feb. 27, 2013 | |
|
B240880
|
People v. Delgado
Under Realignment Act, defendant may not be committed to county jail because his prior juvenile adjudication involved serious or violent felonies. |
Criminal Law and Procedure |
|
Feb. 26, 2013 | |
|
11-9307
|
Henderson v. U.S.
Appellate court may correct district court's improper lengthening of sentence so long as error was ‘plain’ at time of appellate review. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
|
11-465
|
Johnson v. Williams
State court does not overlook Sixth Amendment claim of defendant convicted of first-degree murder by rejecting some claims and not expressly addressing federal claim. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
|
11-1327
|
Evans v. Michigan
Defendant’s midtrial acquittal bars retrial under Double Jeopardy Clause even if acquittal was based on trial court’s erroneous addition of statutory element. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
|
11-820
|
Chaidez v. U.S.
Non-citizen may not claim attorney failed to advise her of immigration consequences of guilty plea because her conviction became final before announcement of new rule. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
|
B239848
|
People v. Western Insurance Co.
Bond is exonerated because trial court permitted defendant to travel to Philippines and escape apprehension without surety’s knowledge or consent. |
Criminal Law and Procedure |
|
Feb. 21, 2013 | |
|
11-817
|
Florida v. Harris
Drug-detection dog's alert gives police officer probable cause to search vehicle in which ingredients for making narcotics were found. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
|
11-770
|
Bailey v. U.S.
Police officers may not detain occupant of apartment where lawful search was being conducted when he was one mile away. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
|
G046111
|
Orey v. Superior Court (People)
Although defendant was unlawfully placed on 45-day hold, petition for his commitment as sexually violent predator does not have to be dismissed. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
|
F063712
|
People v. Yearwood
Inmate may not use amended three strikes law to retroactively overturn his indeterminate life sentence for marijuana possession without petitioning for recall. |
Criminal Law and Procedure |
|
Feb. 20, 2013 | |
|
E053348
|
People v. Steppe
DNA technician’s reliance on DNA test results and reports prepared by another analyst in forming conclusion does not violate defendant’s right to confrontation. |
Criminal Law and Procedure |
|
Feb. 15, 2013 | |
|
C064531
|
People v. Whitaker
Premeditated murder convictions are upheld despite initial dismissal following trial court’s delay in swearing in jury due to prosecution witness problems. |
Criminal Law and Procedure |
|
Feb. 14, 2013 | |
|
S026634
|
People v. Watkins
Open voir dire of convicted murderer, who shot hotel guest, is proper where he had opportunity to question jurors both openly and in private. |
Criminal Law and Procedure |
|
Feb. 14, 2013 | |
|
12-30016
|
U.S. v. May
Restitution order incorrectly includes expenses U.S. Postal Service incurred during policy change to avert mail thefts where defendants committed theft before policy change. |
Criminal Law and Procedure |
|
Feb. 13, 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 |
|
Feb. 11, 2013 | |
|
H037850
|
In re Stevenson
Board of Parole Hearings properly denies prisoner parole where psychologists assessed him as having 'low to moderate' risk for violent recidivism. |
Criminal Law and Procedure |
|
Feb. 11, 2013 | |
|
S093756
|
People v. Williams
Excusal of prospective juror for cause is appropriate when he repeatedly expressed extreme discomfort with prospect of imposing death penalty. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
09-56902
|
Cannedy v. Adams
Defense counsel provides deficient performance where he failed to present alleged victim’s Internet message recanting claims of molestation by her stepfather. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
11-10618
|
U.S. v. Stone
Felon's conviction for possession of ammunition that traveled in interstate commerce is valid without evidence that he knew ammunition’s origins. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
C070719
|
People v. Superior Court (Karsai)
Following exhaustive search for acceptable residence for sexually violent predator, he may be conditionally released into county as transient. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
A127394
|
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
B243654
|
People v. Corrales
Officer may pull over driver for texting while driving after seeing driver send text message while parked and later drive while making movements like he was texting. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
10-15044
|
Dyer v. Hornbeck
Prosecution may use statements from interview of suspect without 'Miranda' warnings because she agreed to interview and was not told she was under arrest. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
E054229
|
People v. Diaz
Officers' use of data taken from sensory diagnostic module of defendant’s car to determine speed at time of accident does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
C064571
|
People v. Delgado
Gang member, who caused severe brain injury to victim, should not receive additional punishment when victim was initially nonresponsive, but not comatose. |
Criminal Law and Procedure |
|
Feb. 6, 2013 |
