| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B231123
|
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma. |
Criminal Law and Procedure |
|
Jan. 16, 2013 | |
|
11-30127
|
U.S. v. Vidal-Mendoza
Removal proceedings do not violate due process rights of alien who illegally reentered country because at time of removal order, alien was ineligible for relief. |
Criminal Law and Procedure |
|
Jan. 15, 2013 | |
|
09-99021
|
Gentry v. Sinclair
District court improperly concludes that claim for ineffective assistance in failing to present mitigating evidence at penalty phase was procedurally defaulted. |
Criminal Law and Procedure |
|
Jan. 15, 2013 | |
|
11-10472
|
U.S. v. Jensen
Following defendant's failure to appear for service of sentence and subsequent conviction, court applies five-year, rather than two-year, maximum sentence. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
|
11-10540
|
U.S. v. Hardeman
Enhanced penalty for committing sex offense involving minor when defendant was already required to register as sex offender is not retrospective additional punishment. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
|
11-50503
|
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
|
C070266
|
People v. Griffis
Defendant may be entitled to county, rather than state, sentence because court relied on reference in probation report to find Washington felonies were strikes. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
|
09-50408
|
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing. |
Criminal Law and Procedure |
|
Jan. 13, 2013 | |
|
11-16784
|
Babb v. Lozowsky
In case of woman who murdered cab driver, Nevada state court’s incorrect application of federal law is harmless because jury convicted her on different theory of murder. |
Criminal Law and Procedure |
|
Jan. 13, 2013 | |
|
A123119
|
People v. McKnight
Sexually violent predator's recommitment under Sexually Violent Predator Act does not violate equal protection because predators pose substantially high risk to society. |
Criminal Law and Procedure |
|
Jan. 13, 2013 | |
|
B232977
|
People v. Avila
Prisoner's conviction for threatening public officials is upheld even though his threats were made while he was in custody with no 'stated release date.' |
Criminal Law and Procedure |
|
Jan. 10, 2013 | |
|
B237074
|
People v. Mayham
Following removal of continuously disruptive defendant from courtroom, judge is not required to provide audio or video feed to allow him to hear testimony. |
Criminal Law and Procedure |
|
Jan. 10, 2013 | |
|
11-8976
|
Smith v U.S.
Defendant's convictions for conspiracy to distribute narcotics are upheld because burden to prove affirmative defense of withdrawal from conspiracy was on defendant. |
Criminal Law and Procedure |
|
Jan. 9, 2013 | |
|
10-36063
|
U.S. v. Olsen
Prosecution does not need to tell defense about incompetence of forensic scientist when evidence showed defendant intended to use poison found by scientist. |
Criminal Law and Procedure |
|
Jan. 8, 2013 | |
|
09-99008
|
Cunningham v. Wong
District attorney does not commit misconduct by declining to hand over deceased victim’s autopsy report, which was attainable by defense. |
Criminal Law and Procedure |
|
Jan. 8, 2013 | |
|
11-10539
|
U.S. v. Juan
Even if prosecution's statements to district judge wrongly threatened its own witness, defendant fails to show misconduct because witness did not hear statements. |
Criminal Law and Procedure |
|
Jan. 7, 2013 | |
|
10-50631
|
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency. |
Criminal Law and Procedure |
|
Jan. 7, 2013 | |
|
11-55249
|
Henderson v. Johnson
Inmate’s federal habeas petition over murder conviction is improperly dismissed where inmate was not given leave to amend petition or request stay. |
Criminal Law and Procedure |
|
Jan. 3, 2013 | |
|
09-10189
|
U.S. v. Xu
Defendants who engaged in scheme to steal funds from Bank of China and flee to United States can be convicted of RICO conspiracy. |
Criminal Law and Procedure |
|
Jan. 3, 2013 | |
|
12-10213
|
U.S. v. Pleasant
Defendant’s Career Offender status precludes his eligibility for sentence reduction pursuant to amendments in crack-cocaine guidelines. |
Criminal Law and Procedure |
|
Jan. 2, 2013 | |
|
11-50234
|
U.S. v. Yi
Real estate developer’s conviction for conspiracy to violate Clean Air Act is valid because he knew ceilings contained asbestos, but deliberately avoided problem. |
Criminal Law and Procedure |
|
Jan. 2, 2013 | |
|
B233796
|
People v. Morales
Defendant who impersonates victim's boyfriend while having sex is improperly convicted of rape where jury instructions include deception theory for unmarried victim. |
Criminal Law and Procedure |
|
Jan. 2, 2013 | |
|
10-10403
|
U.S. v. Lee
Defendant is incorrectly classified as career offender where record was inconclusive as to whether past conviction was for controlled substance offense. |
Criminal Law and Procedure |
|
Dec. 30, 2012 | |
|
S187680
|
People v. Rodriguez
Gang member who acted alone in attempted robbery does not violate ‘criminal street gang participation’ statute, even if his conduct benefited gang as a whole. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
D059463
|
People v. Spence
Defendant's testimony at suppression hearing may be used to impeach defense expert’s testimony when testimony at hearing was contrary to expert’s opinion. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
H035423
|
People v. Shazier
Prosecutor's pervasive pattern of improper statements throughout trial causes reversal of order adjudging defendant as sexually violent predator. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
A134793
|
People v. Schoop
Sex offender may obtain certificate of rehabilitation seven years after completing sentence because imposing longer 10-year rehabilitation period violates equal protection. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
11-30195
|
U.S. v. Phillips
Former CEO's mail fraud conviction is invalid because success of scheme to steal company’s money did not depend on use of mail. |
Criminal Law and Procedure |
|
Dec. 26, 2012 | |
|
B222971
|
People v. Holmes
Testimony of DNA experts does not violate confrontation rights because unsworn statements of objective facts are not sufficiently formal to be testimonial. |
Criminal Law and Procedure |
|
Dec. 25, 2012 | |
|
A133729
|
People v. Torres
Incarcerated drug dealer, who received sentence in one case but awaited further sentencing in another, is entitled to presentence credits from time sentence was completed. |
Criminal Law and Procedure |
|
Dec. 25, 2012 |
