| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B232709
|
People v. Superior Court (Wright)
Fraudulent voting charges are reinstated where presumption that legislator's domicile is address in voter registration form does not apply. |
Criminal Law and Procedure |
|
Jul. 13, 2011 | |
|
C062684
|
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. |
Criminal Law and Procedure |
|
Jul. 13, 2011 | |
|
09-16643
|
Brown v. Horell
Habeas corpus petition is properly denied although interrogator coerced defendant into confessing by conditioning his ability to see his child on cooperation with police. |
Criminal Law and Procedure |
|
Jul. 13, 2011 | |
|
S099414
|
People v. Bivert
Evidence tending to prove defendant was White supremacist is relevant and admissible in proving motive and intent to kill. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
S107856
|
In re Crew
Defendant fails to show ineffective assistance of counsel where mitigating evidence of alleged abuse could not reasonably have been discovered at time of trial. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
06-15614
|
Richter v. Harrington
State court reasonably denies ineffective assistance claim where there was no reasonable probability that attorney’s introduction of evidence would have changed verdict. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
08-55564
|
Ngo v. Giurbino
Defendant, who shot at rival gang members during car chase, has specific intent to kill each occupant given prior opportunity to observe occupants. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
08-99031
|
U.S. v. Duncan
Court errs in failing to hold hearing where reasonable doubt as to defendant’s competence is shown based on experts’ findings and defendant’s unusual statements. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
10-30065
|
U.S. v. Kennedy
Government fails to establish causal connection justifying victim restitution where evidence only shows generalized harm of defendant’s conduct. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
10-50240
|
U.S. v. Quinzon
Condition of supervised release requiring that monitoring technology be installed on computer-related devices is proper. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
B222845
|
People v. Williams
Robbery conviction is properly predicated on theft by false pretenses where defendant used force when fleeing store after acquisition of property. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
11-5001
|
Garcia v. Texas
State is not required to stay execution so that Congress may consider whether to enact legislation that might authorize collateral attack on judgment. |
Criminal Law and Procedure |
|
Jul. 11, 2011 | |
|
10-50111
|
U.S. v. Gonzalez-Melchor
Appellate waiver is invalid because district court’s active participation in negotiating waiver in exchange for reduced sentence was inherently coercive. |
Criminal Law and Procedure |
|
Jul. 11, 2011 | |
|
S064306
|
People v. Famalaro
Change of venue motion is properly denied where size of community shows defendant would receive fair trial despite heavy media coverage of case. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
S076175
|
People v. Loy
Jury instruction on prior sexual crimes is proper in light of instructions repeatedly admonishing jury as to reasonable doubt standard. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
S180181
|
People v. Murphy
Defendant's submission of false stolen vehicle report must be prosecuted as misdemeanor under Vehicle Code, not under more general statute. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
08-99032
|
Hurles v. Ryan
Judicial recusal is appropriate where trial judge becomes involved in capital defendant’s interlocutory appeal by making statements regarding evidence of guilt before trial. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
C065429
|
People v. Verni
Owner of apartment damaged as result of defendant’s aggravated mayhem conviction is entitled to restitution. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
10-10159
|
U.S. v. Evanston
Court may not inquire into reasons for jury's deadlock and allow supplemental argument where doing so created opportunity for interference with jury's fact-finder role. |
Criminal Law and Procedure |
|
Jul. 6, 2011 | |
|
10-10293
|
U.S. v. Rahman
General waiver of right to appeal includes appeal of denial of motion to withdraw guilty plea. |
Criminal Law and Procedure |
|
Jul. 6, 2011 | |
|
B222615
|
People v. Carbajal
Court may not send jury back for further deliberations on punishment allegation because it was inconsistent with jury's verdict on charges. |
Criminal Law and Procedure |
|
Jul. 6, 2011 | |
|
D059012
|
People v. Vangelder
Court errs in excluding evidence that criticized reliability of data produced by breath test machines as not materially different from partition ratio evidence. |
Criminal Law and Procedure |
|
Jul. 5, 2011 | |
|
S047867
|
People v. Virgil
Defendant has no right to be present at sidebar conferences where he failed to show his presence bore reasonably substantial relation to his defense. |
Criminal Law and Procedure |
|
Jul. 1, 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 |
|
Jul. 1, 2011 | |
|
10-30148
|
U.S. v. Snyder
Statutory term of 'building' and address constitute sufficient proof that second-degree burglary qualified as violent felony for purposes of sentencing enhancement. |
Criminal Law and Procedure |
|
Jul. 1, 2011 | |
|
07-99017
|
Bible v. Schriro
State prisoner is not entitled to successive habeas petition where claim of new evidence is made after significant delay and does not show innocence. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
B230886
|
People v. Superior Court (Gilbert)
Civil commitment petition is improperly dismissed where delay in referring defendant for evaluation as sexually violent predator was honest mistake. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
E050395
|
People v. Ellison
Conviction for carrying concealed loaded weapon, which defendant had no permit for, does not violate defendant’s right to bear arms. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
C062684
|
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
G042711
|
People v. McDonough
Denial of outpatient status is improper where court found details of program lacking, but did not find that defendant was currently insane. |
Criminal Law and Procedure |
|
Jun. 29, 2011 |
