| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-30132
|
U.S. v. Lafley
Government has compelling interest in denying convicted drug felon exemption under Religious Freedom Restoration Act to use marijuana during supervised release. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
|
09-30334
|
U.S. v. Hunt
Court errs in imposing heightened sentence for defendant based on specific drug type, even though defendant never admitted to possessing particular drug. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
|
A130758
|
People v. Parodi
Conviction for bringing controlled substance into correctional facility is not ‘nonviolent drug possession offense’ under Substance Abuse and Crime Prevention Act. |
Criminal Law and Procedure |
|
Sep. 1, 2011 | |
|
E049333
|
People v. Muniz
Court’s definition of instruction term regarding reasonable doubt is proper where there is no reasonable likelihood jurors applied instruction in unconstitutional manner. |
Criminal Law and Procedure |
|
Sep. 1, 2011 | |
|
G045192
|
Strong v. Superior Court (People)
Prosecution of defendants for murder based on amended statute violates ex post facto principles where victim died 29 years after assault. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
|
10-30125
|
U.S. v. Crowder
Proof that defendant knew of facts that constitute offense is sufficient for conviction for failure to register as sex offender under Sex Offender Registration and Notification Act. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
|
H035626
|
People v. Torres
Sentence enhancement imposed on defendant is improper where based on offense that was not submitted to jury for conviction. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
|
C065058
|
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
|
S045078
|
People v. Clark
Witness-murder special circumstance applies where defendant did not have common criminal intent toward both victims upon initiation of first criminal act. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
|
D058671
|
In re Hill
Counsel’s assistance is ineffective where she failed to obtain photographs of victim and expert to contradict prosecution expert's testimony. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
|
B224042
|
People v. Le
Conviction for possession of ‘controlled substance’ is improper where prosecution failed to show MDMA, which was not listed in definition, qualified as controlled substance. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
|
07-50408
|
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere. |
Criminal Law and Procedure |
|
Aug. 29, 2011 | |
|
S076582
|
People v. Blacksher
Court does not err in relying on third report regarding defendant’s competency after previous reports yielded different results. |
Criminal Law and Procedure |
|
Aug. 26, 2011 | |
|
S045696
|
People v. Garcia
Defendant challenging grand jury selection process must make showing of purposeful discrimination, including statistical proof of substantial discrimination against suspect group. |
Criminal Law and Procedure |
|
Aug. 26, 2011 | |
|
09-10294
|
U.S. v. Matus-Zayas
Admission of material witnesses’ videotaped depositions at trial is improper without government’s showing of unavailability. |
Criminal Law and Procedure |
|
Aug. 25, 2011 | |
|
10-50134
|
U.S. v. Barajas-Alvarado
Alien criminal defendant is entitled to some meaningful review of proceedings resulting in expedited removal order to determine violation of due process rights. |
Criminal Law and Procedure |
|
Aug. 25, 2011 | |
|
F060054
|
People v. Mace
Driver has duty to ascertain what assistance injured person may need where he knows that person involved in accident is injured. |
Criminal Law and Procedure |
|
Aug. 25, 2011 | |
|
H036383
|
People v. Barajas
Probation condition prohibiting probationer’s presence adjacent to any campus must use language that has reasonable specificity to survive vagueness claim. |
Criminal Law and Procedure |
|
Aug. 24, 2011 | |
|
S077166
|
People v. McKinnon
Where statutory requirements for joinder are satisfied, defendant has burden of clearly establishing potential for prejudice sufficient to warrant separate trials. |
Criminal Law and Procedure |
|
Aug. 23, 2011 | |
|
09-10034
|
U.S. v. Clements
Law requiring sex offenders to register whereabouts does not apply retroactively to defendant who committed sex offense prior to enactment of law. |
Criminal Law and Procedure |
|
Aug. 23, 2011 | |
|
10-50248
|
U.S. v. Parker
Defendant cannot be charged for protesting on public road across military base where government failed to assert control over property in question. |
Criminal Law and Procedure |
|
Aug. 23, 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 |
|
Aug. 23, 2011 | |
|
C066318
|
People v. Stiehl
Prosecutor’s office timely files information by delivering it to court clerk for filing, although clerk failed to process document correctly. |
Criminal Law and Procedure |
|
Aug. 23, 2011 | |
|
E050916
|
People v. Downey
Warrantless search of apartment does not violate Fourth Amendment because officers had objectively reasonable grounds to conclude probationer lived there. |
Criminal Law and Procedure |
|
Aug. 22, 2011 | |
|
10-50256
|
U.S. v. Waters
In determining sentencing range under reduction in term of imprisonment due to amended guideline range, court may apply offense level dictated by career offender guideline. |
Criminal Law and Procedure |
|
Aug. 22, 2011 | |
|
H034619
|
People v. Lopez
Admission of evidence of prior uncharged acts of misconduct is error as to first degree burglary charge because probative value did not outweigh prejudice. |
Criminal Law and Procedure |
|
Aug. 22, 2011 | |
|
S085348
|
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
S182263
|
People v. Milward
Defendant's conviction for aggravated assault is necessarily included within offense of aggravated assault by life prisoner and thus, must be reversed. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
C061560
|
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
B218515
|
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created. |
Criminal Law and Procedure |
|
Aug. 19, 2011 |
