| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B225024
|
People v. Sanders
Defendant's admission of allegations set forth in involuntary civil commitment proceeding under Sexually Violent Predators Act waives constitutional right to speedy trial. |
Criminal Law and Procedure |
|
Feb. 22, 2012 | |
|
E055810
|
People v. Mbaabu
Defendant is not entitled to relief where his plea exposed him to deportation but his attorney failed to admonish him of immigration consequences of plea. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
A132798
|
People v. McCloud
Provision of Sexually Violent Predator Act that allows judges to deny petitions as ‘frivolous’ may violate equal protection by disparately treating similarly situated persons. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
F063840
|
People v. Torres
Defendant must serve her entire sentence in state prison, not county jail, where county sentence ran in conjunction with sentence she was already serving in state prison. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
D058907
|
People v. Leavel
Evidence is sufficient for finding of kidnapping for robbery where defendant unnecessarily forced victim to accompany him as he searched her house. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
D060171
|
In re Thompkins
Prison inmate is not denied due process where he is not permitted to attend hearing regarding his application for advanced parole hearing. |
Criminal Law and Procedure |
|
Feb. 16, 2012 | |
|
11-10013
|
U.S. v. Lopez-Avila
Double jeopardy does not bar retrial following mistrial where prosecutor altered statements from guilty plea hearing to make it seem that defendant lied. |
Criminal Law and Procedure |
|
Feb. 15, 2012 | |
|
10-10381
|
U.S. v. Yeung
Mandatory Victims Restitution Act requires court to provide adequate explanation in reaching amount of restitution to victims of fraudulent real estate investment scheme. |
Criminal Law and Procedure |
|
Feb. 14, 2012 | |
|
08-17471
|
The American Civil Liberties Union of Nevada v. Masto
State legislature's decision to enact sex offender registration and notification requirements retroactively does not violate constitutional prohibition of retroactive additional punishments. |
Criminal Law and Procedure |
|
Feb. 13, 2012 | |
|
A131972
|
People v. Brandao
Defendants convicted of annoying child motivated by abnormal sexual interest are not similarly situated with sex offenders that receive discretionary sexual registration requirements. |
Criminal Law and Procedure |
|
Feb. 10, 2012 | |
|
E051622
|
In re Mims
Parole agency’s determination of defendant’s unsuitability for parole is supported by some evidence, which compels denial of petition for habeas relief. |
Criminal Law and Procedure |
|
Feb. 10, 2012 | |
|
C062821
|
People v. Louie
Street terrorism sentence is stayed where defendants had already been punished for criminal acts underlying street terrorism charges. |
Criminal Law and Procedure |
|
Feb. 9, 2012 | |
|
10-16800
|
U.S. v. Kimsey
Conviction under federal criminal contempt statute for unauthorized practice of law cannot be based on violation of state court's local rules. |
Criminal Law and Procedure |
|
Feb. 9, 2012 | |
|
C063540
|
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value. |
Criminal Law and Procedure |
|
Feb. 9, 2012 | |
|
D058385
|
People v. Latham
Evidence is sufficient to support finding of second degree murder where parents knew of daughter's potentially fatal condition, but did not seek medical attention. |
Criminal Law and Procedure |
|
Feb. 8, 2012 | |
|
10-99017
|
Farmer v. McDaniel
Where initial sentence imposes death penalty that is later vacated, state may reimpose death penalty on another basis without violating double jeopardy. |
Criminal Law and Procedure |
|
Feb. 8, 2012 | |
|
S080947
|
People v. Enraca
Defendant waives his right to invoke counsel when he initiated conversation with officer after interrogation ended and freely confessed to committing murders. |
Criminal Law and Procedure |
|
Feb. 7, 2012 | |
|
S055652
|
People v. Fuiava
Trial court properly excludes defendant’s proferred evidence that had only marginal relevance to his claim that his shooting of deputy was justified. |
Criminal Law and Procedure |
|
Feb. 7, 2012 | |
|
10-50361
|
U.S. v. Reyes-Bonilla
In prosecution for illegal reentry, defendant seeking to exclude prior removal order, which violated due process right to counsel, must prove actual prejudice. |
Criminal Law and Procedure |
|
Feb. 7, 2012 | |
|
B228244
|
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility. |
Criminal Law and Procedure |
|
Feb. 6, 2012 | |
|
S093754
|
People v. Brents
Jury instruction for kidnapping special circumstance allegation that required finding that murder was committed to carry out assault results in prejudicial error. |
Criminal Law and Procedure |
|
Feb. 3, 2012 | |
|
S027094
|
People v. Elliott
Inconsistencies in initial description of perpetrator do not warrant reversal where jury found witnesses credible and sufficient evidence supported conviction. |
Criminal Law and Procedure |
|
Feb. 3, 2012 | |
|
F061775
|
Lane v. Valverde
Breath test is valid although police officer failed to test accuracy within necessary 10-day period when breath test occurred before 10 days elapsed. |
Criminal Law and Procedure |
|
Feb. 2, 2012 | |
|
10-50501
|
U.S. v. Noriega-Perez
Property owner, who rented houses for use in smuggling operation, is properly convicted of aiding and abetting smuggling of aliens into U.S. |
Criminal Law and Procedure |
|
Feb. 2, 2012 | |
|
S186661
|
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
|
S188619
|
People v. Johnson
Court properly denies defendant right to self-representation where defendant is competent to stand trial, but not to conduct trial proceedings himself. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
|
B220199
|
People v. Indiana Lumbermens Mutual Insurance Co.
Addition of robbery charge based on same acts alleged in original complaint, materially increasing surety’s risk, does not automatically exonerate bond. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
|
E051741
|
People v. Hughes
Court may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality. |
Criminal Law and Procedure |
|
Jan. 30, 2012 | |
|
F061552
|
People v. Miller
Equitable estoppel prevents narcotics offender, who entered into plea agreement, from vacating his plea even where his misdemeanor was mistakenly classified as felony. |
Criminal Law and Procedure |
|
Jan. 30, 2012 | |
|
10-50284
|
U.S. v. McGowan
Former prison guard's sentencing deprives him of due process by relying on allegations made by inmate who was not present at trial or hearing. |
Criminal Law and Procedure |
|
Jan. 27, 2012 |
