| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D059083
|
People v. Gonzalez
Confession is inadmissible when probation officer impliedly promised to recommend shorter sentence if suspect spoke without attorney present. |
Criminal Law and Procedure |
|
Nov. 15, 2012 | |
|
11-50311
|
U.S. v. Maloney
Defendant may not respond to attack on his credibility during rebuttal closing argument because prosecution only countered defense without new arguments. |
Criminal Law and Procedure |
|
Nov. 15, 2012 | |
|
B227825
|
People v. Verduzco
Drug dealer’s possession of only one chemical used to manufacture methamphetamine does not support conviction for possession with intent to make drug. |
Criminal Law and Procedure |
|
Nov. 9, 2012 | |
|
B230053
|
People v. Arauz
Inmate's statement to jailhouse informant may be used against drive-by shooter where inmate provided details of crime against his own interest. |
Criminal Law and Procedure |
|
Nov. 9, 2012 | |
|
C063527
|
People v. Mathson
Driver, who took sleep aid Ambien while knowing of possible 'sleep driving' side effect, is convicted of driving under the influence. |
Criminal Law and Procedure |
|
Nov. 8, 2012 | |
|
11-10462
|
U.S. v. Zamorano-Ponce
Prior Washington state conviction for rape of child between 14 and 16 when perpetrator was four years older adds time to alien’s sentence for illegal reentry. |
Criminal Law and Procedure |
|
Nov. 7, 2012 | |
|
08-99007
|
Carrera v. Ayers
Defense counsel's assistance is not ineffective due to failure to object to peremptory challenges because dismissal of Hispanic jurors was non-discriminatory. |
Criminal Law and Procedure |
|
Nov. 7, 2012 | |
|
B231434
|
People v. Aznavoleh
Street racer's conviction for assault with deadly weapon is upheld when he deliberately ran red light, causing collision that severely injured others. |
Criminal Law and Procedure |
|
Nov. 7, 2012 | |
|
H037217
|
People v. Franzen
Internet database containing list of cell phone owners is not admissible to identify defendant as owner of cell phone used in a drug sale transaction. |
Criminal Law and Procedure |
|
Nov. 7, 2012 | |
|
H037166
|
In re Coronel
Board of Parole Hearings wrongly denies parole by failing to establish nexus between inmate's evasive responses and his current dangerousness. |
Criminal Law and Procedure |
|
Nov. 7, 2012 | |
|
E052612
|
People v. Moncada
Man is convicted of killing infant son by pushing him into couch until he stopped breathing, even though son died eight years later of complications. |
Criminal Law and Procedure |
|
Nov. 6, 2012 | |
|
S189786
|
People v. Wyatt
Simple assault jury instruction is not required where adult defendant leaps on toddler during 'play wrestling' and child dies from injuries. |
Criminal Law and Procedure |
|
Nov. 6, 2012 | |
|
B237003
|
People v. Salas
Court may execute suspended 2005 robbery conviction due to 2011 assault conviction because original probation had not yet expired. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
D060411
|
People v. Washington
Prior Illinois convictions for aggravated assault qualify as serious felonies and thus, amount to strikes under California's Three Strikes law. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
B236054
|
People v. Verba
Sex offender cannot receive additional custody credits under new law because fiscal and deterrent-based reasons constitute rational bases for delayed operative date. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
S124660
|
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
11-30256
|
U.S. v. Johnson
Defendant, who had two decades-old rape convictions, must undergo sexual offender assessment as condition of supervised release. |
Criminal Law and Procedure |
|
Oct. 31, 2012 | |
|
B237628
|
People v. Sosa
Convictions for possessing cocaine and possession while armed are upheld where defendant discarded cocaine while carrying firearm. |
Criminal Law and Procedure |
|
Oct. 31, 2012 | |
|
S197283
|
In re Cabrera
Dept. of Corrections and Rehabilitation may identify inmate as prison gang associate based on drawings containing gang symbols in cell. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
10-99001
|
Stankewitz v. Wong
Counsel's assistance is ineffective where he failed to present mitigating evidence of client's childhood abuse, substance use, and psychological damage. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
G045246
|
People v. Otero
Use of diagram to explain proof beyond reasonable doubt is harmless misconduct because there was substantial evidence against defendant in sexual assault case. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
D059083
|
People v. Gonzalez
Confession is inadmissible when probation officer impliedly promised to recommend shorter sentence if suspect spoke without attorney present. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
A131366
|
People v. Leal
Probation condition prohibiting convicted drug dealer from using medical marijuana is valid where dealer used medical card as cover for illegal sales. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
F063396
|
People v. Delgado
Defendant may initially challenge calculation of custody credits on appeal where it involves interpretation of statutes, rather than mere clerical error. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
B236874
|
People v. Gonzalez
Gang member's first degree murder conviction based on in-custody informant's testimony regarding conversations is outside scope of law requiring informant's corroboration. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
E054646
|
People v. Salter
Court is not required to appoint second attorney to represent incompetent defendant’s interest in not being committed to mental institution. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
C066770
|
People v. Simmons
Sex offender cannot be prosecuted for showing pornographic movie to six-year-old boy because charges were not timely filed. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
D061287
|
In re Martinez
Inmate who became quadriplegic due to attack while incarcerated should be medically paroled because he is incapable of harming others without outside assistance. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
12-73414
|
Amy and Vicky v. District Court (Kennedy)
Crime Victims Rights Act requires causal connection between defendant’s conduct and victim’s losses for purposes of awarding restitution to child pornography victims. |
Criminal Law and Procedure |
|
Oct. 26, 2012 | |
|
B235203
|
People v. Nunez
Mental health facility patient, who escaped and used hammer to take victim’s car, may not receive extra punishment for assault with hammer. |
Criminal Law and Procedure |
|
Oct. 26, 2012 |
