| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-50271
|
U.S. v. Yepez
Meth importer is ineligible for sentencing relief because historical facts established that he was on probation when he committed federal drug offense. |
Criminal Law and Procedure |
|
Dec. 20, 2012 | |
|
11-50529
|
U.S. v. Valdavinos-Torres
Previously deported aien's conviction for possession of methamphetamine for sale constitutes aggravated felony, which forms proper legal basis for deportation. |
Criminal Law and Procedure |
|
Dec. 20, 2012 | |
|
D060327
|
People v. Huynh
Body found in alley wrapped in blanket and covered in semen and hair is enough to establish reasonable inference of death by criminal agency. |
Criminal Law and Procedure |
|
Dec. 20, 2012 | |
|
H037320
|
People v. Kim
Trial court incorrectly vacates petty theft conviction 12 years after sentence had been served, even if not doing so could result in deportation. |
Criminal Law and Procedure |
|
Dec. 19, 2012 | |
|
D060346
|
People v. Bauer
Prison sentence for lewd and lascivious conduct with child is overturned because court failed to advise defendant of right to counsel at probation revocation hearing. |
Criminal Law and Procedure |
|
Dec. 19, 2012 | |
|
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 |
|
Dec. 18, 2012 | |
|
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 |
|
Dec. 17, 2012 | |
|
10-30126
|
U.S. v. Oliva
Government may monitor background conversations overheard during standard cell phone intercepts where particular cell phone is specifically listed in court order. |
Criminal Law and Procedure |
|
Dec. 17, 2012 | |
|
B236738
|
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report. |
Criminal Law and Procedure |
|
Dec. 17, 2012 | |
|
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 |
|
Dec. 17, 2012 | |
|
B236858
|
People v. Moore
Probation condition prohibiting probationer from owning, possessing, or using deadly weapons does not need to expressly require knowledge of possession. |
Criminal Law and Procedure |
|
Dec. 13, 2012 | |
|
H037099
|
People v. Jasso
Gang member who shot at rival gang member in restaurant is not denied fair trial because strong evidence of crime overcame prosecutor's improper argument. |
Criminal Law and Procedure |
|
Dec. 13, 2012 | |
|
B233589
|
People v. Milstein
Attorney’s conviction for conspiracy to defraud inmates by advertising ‘early release’ legal service is overturned because his prosecution was time-barred. |
Criminal Law and Procedure |
|
Dec. 12, 2012 | |
|
F062517
|
People v. Velasquez
Gang member's assault conviction for shooting at five people is improper where jury instruction failed to clarify that each victim had to be at risk. |
Criminal Law and Procedure |
|
Dec. 12, 2012 | |
|
S176886
|
People v. Dungo
At trial of man who strangled girlfriend, forensic pathologist's testimony based on autopsy report of another pathologist does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Dec. 12, 2012 | |
|
B236858
|
People v. Moore
Probation condition prohibiting probationer from owning, possessing, or using deadly weapons does not need to expressly require knowledge of possession. |
Criminal Law and Procedure |
|
Dec. 12, 2012 | |
|
09-16884
|
Loftis v. Almager
Drug dealer's plea bargain murder conviction does not violate constitution despite absence of factual basis finding where dealer does not proclaim innocence. |
Criminal Law and Procedure |
|
Dec. 11, 2012 | |
|
D057485
|
People v. Thomas
Juvenile offender’s 196 years to life sentence in gang-related murder case is reversed because it constitutes cruel and unusual punishment. |
Criminal Law and Procedure |
|
Dec. 11, 2012 | |
|
C068893
|
People v. Peterson
Defendant’s plea agreement is set aside following falsehoods she made while testifying against co-defendant regarding true extent of her participation in crime. |
Criminal Law and Procedure |
|
Dec. 11, 2012 | |
|
C070272
|
People v. Conley
Man who was standing in middle of public road with blood-alcohol content of 0.19 percent is not illegally detained by police officer. |
Criminal Law and Procedure |
|
Dec. 10, 2012 | |
|
A133492
|
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist. |
Criminal Law and Procedure |
|
Dec. 9, 2012 | |
|
11-56383
|
Ortiz v. Yates
Husband's cross-examination rights are violated in domestic violence trial where court precluded inquiry into incarceration threats prosecutor made to witness wife. |
Criminal Law and Procedure |
|
Dec. 6, 2012 | |
|
10-10224
|
U.S. v. Keyser
First amendment does not protect author from conviction when he wrote book on anthrax and mailed 120 packets of sugar labeled “Anthrax” to generate publicity. |
Criminal Law and Procedure |
|
Dec. 6, 2012 | |
|
A133492
|
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
|
F062554
|
People v. Dydouangphan
Marijuana grower is properly sentenced for killing thief with shotgun because he could be punished for both voluntary manslaughter and shooting at vehicle. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
|
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 |
|
Dec. 5, 2012 | |
|
11-50417
|
U.S. v. Hernandez-Estrada
Deported alien fails to show Southern District Court of California's jury selection process is unconstitutional because minorities are not substantially underrepresented. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
|
B228209
|
People v. McCloud
Partygoers cannot be convicted of attempted murder for firing 10 shots into crowd because they did not intend to kill everyone in area around targeted victim. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
|
D060048
|
People v. Lowe
Experts’ opinion regarding mental health and recidivism risk is admissible in determining whether defendant should be committed as sexually violent predator. |
Criminal Law and Procedure |
|
Dec. 3, 2012 | |
|
S044592
|
People v. Homick
Death sentence based on California murders committed by lying in wait is upheld despite prior federal murder-for-hire convictions involving same victims. |
Criminal Law and Procedure |
|
Dec. 3, 2012 |
