| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-10223
|
U.S. v. Baker
District court exceeds its statutory authority when imposing DNA collection as condition of defendant’s probation following misdemeanor conviction. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
10-50341
|
U.S. v. Ibarra-Pino
Defendant is not entitled to jury instruction on duress because he had reasonable opportunity to escape threatened harm via law enforcement. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
B226807
|
County of Los Angeles v. Bankers Insurance Co.
Surety has 185-day period following date of bail forfeiture to file motion to exonerate bond. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
G043124
|
People v. Shields
Defendant in possession of multiple images of minor involved in sexual acts may be separately convicted for each piece of media involving same victim. |
Criminal Law and Procedure |
|
Sep. 19, 2011 | |
|
B226343
|
People v. Amperano
Information naming specific victim is immaterial where trial proceeds on theory of intent to kill anyone inside house, giving defendant adequate notice of charge. |
Criminal Law and Procedure |
|
Sep. 19, 2011 | |
|
G043384
|
People v. Gonzales
Active gang participant may be liable for gang offenses even if he acts alone, without assistance or participation of other gang members. |
Criminal Law and Procedure |
|
Sep. 16, 2011 | |
|
10-50306
|
U.S. v. Ruiz-Apolonio
Rape is categorically 'crime of violence' under federal definition of forcible sex offense because it criminalizes intercourse accomplished without consent, thus warranting enhancement. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
10-50069
|
U.S. v. Ayala-Nicanor
Conviction for willful infliction of corporal injury is categorical ‘crime of violence,’ which justifies sentence enhancement. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
10-10177
|
U.S. v. Tafoya-Montelongo
State’s definition of child abuse categorically qualifies as crime of violence under federal definition of child abuse, warranting sentence enhancement. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
08-56484
|
Trigueros v. Adams
California Supreme Court decision finding state habeas petition timely tolls statute of limitations under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
08-50141
|
U.S. v. Martinez
Records maintained by local police department in murder investigation, which related to prosecution of RICO case, are exempt from discovery. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
B225879
|
People v. Morrison
Rebuttal testimony contradicting defendant’s claims made on direct examination is admissible as relevant to defendant’s credibility. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
B224430
|
People v. Gray
Court has sua sponte duty to instruct jury on offense of battery as lesser included offense of engaging in lewd acts upon child under 14. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
F060865
|
People v. Orozco
Court may impose fee for probation report in all cases, regardless of whether defendant is granted probation or sentenced to prison. |
Criminal Law and Procedure |
|
Sep. 15, 2011 | |
|
G044359
|
People v. Landau
Dept. of Mental Health must authorize petition for unconditional release by sexually violent predator after report concluded that he no longer qualified as such. |
Criminal Law and Procedure |
|
Sep. 14, 2011 | |
|
08-16676
|
Reina-Rodriguez v. U.S.
Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively. |
Criminal Law and Procedure |
|
Sep. 14, 2011 | |
|
09-55666
|
Rossum v. Patrick
Intervening Supreme Court decision in 'Harrington v. Richter,' which controls issue on rehearing, prompts court to affirm initial denial of defendant’s habeas petition. |
Criminal Law and Procedure |
|
Sep. 14, 2011 | |
|
10-10045
|
U.S. v. Alvarez-Moreno
District court may not order new trial for defendant, who never properly waived his right to jury trial, in absence of motion for new trial by defendant. |
Criminal Law and Procedure |
|
Sep. 14, 2011 | |
|
C063603
|
People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant. |
Criminal Law and Procedure |
|
Sep. 14, 2011 | |
|
F059511
|
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. |
Criminal Law and Procedure |
|
Sep. 12, 2011 | |
|
09-10504
|
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful. |
Criminal Law and Procedure |
|
Sep. 12, 2011 | |
|
D057741
|
People v. Julian
Defendant’s manslaughter conviction may be enhanced based on grievous injuries to other victims, but not victim’s own injuries. |
Criminal Law and Procedure |
|
Sep. 9, 2011 | |
|
10-50391
|
U.S. v. Santini
Evidence based on vague ‘rap sheet’ is inadmissible to support allegation that defendant had extensive prior law enforcement contacts. |
Criminal Law and Procedure |
|
Sep. 9, 2011 | |
|
11-210
|
Gray v. Kelly
Application for stay of district court's briefing schedule until court acts on petition for writ of certiorari is denied because petitioner invoked inapplicable standard. |
Criminal Law and Procedure |
|
Sep. 8, 2011 | |
|
08-99006
|
Sivak v. Hardison
Defendant’s due process rights are violated where state’s failure to correct informant’s false testimony prejudiced defendant at penalty phase. |
Criminal Law and Procedure |
|
Sep. 8, 2011 | |
|
10-30254
|
U.S. v. Rodgers
Probable cause to arrest passenger does not create automatic probable cause to search vehicle without facts indicating vehicle contains evidence of crime. |
Criminal Law and Procedure |
|
Sep. 8, 2011 | |
|
07-99019
|
Ybarra v. McDaniel
Petitioner exhausts state claim regarding denial of change of venue motion where denial was reviewed on interlocutory appeal. |
Criminal Law and Procedure |
|
Sep. 7, 2011 | |
|
07-99020
|
Payton v. Cullen
Habeas relief is unwarranted where there was no reasonable probability that defendant’s post-traumatic stress disorder defense carried weight. |
Criminal Law and Procedure |
|
Sep. 6, 2011 | |
|
A125542
|
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
|
10-15067
|
Jackson v. Ryan
Jury instruction adding different language to element of felony murder relieves prosecution of burden to prove every element, violating defendant’s due process rights. |
Criminal Law and Procedure |
|
Sep. 2, 2011 |
