| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-16858
|
Smith v. Hedgpeth
Domestic violence sentence enhancements do not need to be considered in determining whether Double Jeopardy clause entitles defendant to habeas relief. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
|
11-10511
|
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
|
S054569
|
People v. Whalen
Defendant fails to overturn his death sentence for first-degree murder and robbery based on allegations of trial court’s pro-death penalty bias. |
Criminal Law and Procedure |
|
Feb. 5, 2013 | |
|
G046491
|
People v. Pangan
Victim in driving under the influence with injury case is not entitled to $70,000 payment based on $246 monthly decrease in pension payments due to accident. |
Criminal Law and Procedure |
|
Feb. 5, 2013 | |
|
D060779
|
People v. Poulsom
Despite prior finding to the contrary, defendant’s high-risk behavior following release on parole qualifies him as sexually violent predator. |
Criminal Law and Procedure |
|
Feb. 4, 2013 | |
|
A131542
|
People v. Hodges
Robbery conviction is overturned due to misleading jury instructions in case of man who hit guard with car while attempting to steal items from Safeway. |
Criminal Law and Procedure |
|
Feb. 4, 2013 | |
|
11-10584
|
U.S. v. Davis
Money launderer must forfeit $1.29 million to Dept. of Justice and pay $95,000 in restitution to FBI for funds spent in operation leading to his arrest. |
Criminal Law and Procedure |
|
Feb. 4, 2013 | |
|
11-10067
|
U.S. v. Doe
Drug-trafficker may not avoid prosecution by asserting he was working for FBI, and instead, must prove he did not know he possessed drugs. |
Criminal Law and Procedure |
|
Feb. 1, 2013 | |
|
C067767
|
People v. Lisea
Gang member receives 25-year-to-life gang firearm enhancement stemming from confrontation between rival gang members in grocery store parking lot. |
Criminal Law and Procedure |
|
Feb. 1, 2013 | |
|
11-10397
|
U.S. v. Jesus-Castaneda
Confidential informant may testify at trial in fake wig and mustache without violating defendant's Sixth Amendment Confrontation Clause rights. |
Criminal Law and Procedure |
|
Jan. 31, 2013 | |
|
B238600
|
People v. Ikeda
Police may conduct protective sweep of suspected drug trafficker’s motel room when they heard other voices in room and suspect said BB gun was inside. |
Criminal Law and Procedure |
|
Jan. 31, 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 |
|
Jan. 31, 2013 | |
|
B236100
|
People v. Achrem
Schizophrenic parolee is properly certified as mentally disordered offender for treatment at hospital based on his prior treatment at parole outpatient clinic. |
Criminal Law and Procedure |
|
Jan. 30, 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 |
|
Jan. 30, 2013 | |
|
G046040
|
People v. Hul
Defendant is entitled to additional 156 days of conduct credit following his conviction for cocaine possession pursuant to Criminal Justice Realignment Act of 2011. |
Criminal Law and Procedure |
|
Jan. 30, 2013 | |
|
H037182
|
People v. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness. |
Criminal Law and Procedure |
|
Jan. 30, 2013 | |
|
G046502
|
Brown v. Superior Court (People)
Defendant may be involuntarily committed even though circumstances delayed his full evaluation as to whether he qualified as sexually violent predator. |
Criminal Law and Procedure |
|
Jan. 29, 2013 | |
|
B231038
|
People v. Whitmer
Dealership manager who arranged fraudulent sale of 20 motorcycles is properly found guilty of grand theft because property exceeded $400 in value. |
Criminal Law and Procedure |
|
Jan. 29, 2013 | |
|
H037182
|
People v. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness. |
Criminal Law and Procedure |
|
Jan. 29, 2013 | |
|
B243715
|
People v. Hunt
Probation revocation fine totaling $240 must be imposed on defendant who received suspended sentence and was placed on probation for transporting cocaine. |
Criminal Law and Procedure |
|
Jan. 28, 2013 | |
|
H037366
|
People v. International Fidelity Insurance Co.
Attorney’s loss of contact with defendant is insufficient ground for forfeiture of bail bonds because attorney continued to appear for defendant in court. |
Criminal Law and Procedure |
|
Jan. 25, 2013 | |
|
08-16186
|
Thompson v. Runnels
Defendant’s post-Miranda statements admitting to murder, as well as videotaped reenactment, are admissible because no police misconduct occurred. |
Criminal Law and Procedure |
|
Jan. 24, 2013 | |
|
H037306
|
People v. Tinker
Defendant who pleaded no contest to transportation of methamphetamine is entitled to presentence conduct credits due to former statute in effect at time. |
Criminal Law and Procedure |
|
Jan. 24, 2013 | |
|
A132152
|
People v. Smith
State must prove sexually violent predator is not entitled to conditional release when he supported petition with favorable annual psychological evaluation recommending release. |
Criminal Law and Procedure |
|
Jan. 23, 2013 | |
|
B235448
|
People v. Navarro
First Amendment does not protect defendant, who was found guilty of dissuading witness from reporting crime, when he grabbed phone from victim while she called police. |
Criminal Law and Procedure |
|
Jan. 22, 2013 | |
|
08-99032
|
Hurles v. Ryan
Judicial recusal may be appropriate where judge became involved in capital defendant’s appeal by making statements regarding evidence of guilt before trial. |
Criminal Law and Procedure |
|
Jan. 21, 2013 | |
|
G046081
|
People v. Nguyen
Convictions for attempted unlawful assault weapon activity and attempted possession of assault weapon are correct, even if AK-47 was not yet fully assembled. |
Criminal Law and Procedure |
|
Jan. 21, 2013 | |
|
12-10000
|
U.S. v. Gallegos-Galindo
Removed alien who illegally reentered country after being convicted of third-degree rape is properly sentenced with 16-level crime of violence enhancement. |
Criminal Law and Procedure |
|
Jan. 17, 2013 | |
|
H036965
|
People v. Caldwell
Prosecutor does not commit misconduct by rebutting claim that police detective lied regarding photo lineups and asserting that detective had no reason to lie. |
Criminal Law and Procedure |
|
Jan. 17, 2013 | |
|
B239163
|
People v. Guillen
Defendant convicted of driving with a 0.08 percent or higher blood alcohol content with admission of prior felony must serve sentence in state prison. |
Criminal Law and Procedure |
|
Jan. 16, 2013 |
