| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A128857
|
People v. Racklin
In revocation hearing, probationer’s admission, which was elicited by police officers absent 'Miranda' warning, is admissble. |
Criminal Law and Procedure |
|
May 20, 2011 | |
|
S065720
|
People v. Vines
Court may excuse prospective juror when her belief on death penalty would prevent performance of her duties as juror. |
Criminal Law and Procedure |
|
May 20, 2011 | |
|
C062668
|
People v. Gray
Defendant waives his attorney-client communication privilege regarding documents brought to stand and used to refresh his memory in testifying. |
Criminal Law and Procedure |
|
May 20, 2011 | |
|
08-99002
|
Leavitt v. Arave
Attorney’s strategic decision not to further investigate defendant’s mental health condition for resentencing purposes is reasonable. |
Criminal Law and Procedure |
|
May 18, 2011 | |
|
09-1272
|
Kentucky v. King
Officers’ conduct of knocking and announcing presence before entry does not create ‘exigency’ invalidating warrantless search. |
Criminal Law and Procedure |
|
May 17, 2011 | |
|
B218512
|
People v. Stipo
Internet subscriber does not have reasonable expectation of privacy over Internet protocol address obtained from service provider. |
Criminal Law and Procedure |
|
May 17, 2011 | |
|
10-10185
|
U.S. v. Escamilla-Rojas
Petitioner’s guilty plea at group plea hearing does not amount to constitutional violation absent showing plea was entered unknowingly and involuntarily. |
Criminal Law and Procedure |
|
May 13, 2011 | |
|
B218758
|
People v. Arceo
Admission of testimony from witnesses, who recounted inculpatory statements by codefendants, does not violate Sixth Amendment right to confront adverse witnesses. |
Criminal Law and Procedure |
|
May 13, 2011 | |
|
D056998
|
In re Vicks
Law imposing longer deferral period for parole hearing poses significant risk that inmate would spend increased period of incarceration in violation of ex post facto principles. |
Criminal Law and Procedure |
|
May 12, 2011 | |
|
D056670
|
People v. Riazati
Convictions for animal neglect require showing that defendant exposed animals to high risk of great bodily injury, not death. |
Criminal Law and Procedure |
|
May 12, 2011 | |
|
B218946
|
People v. Butler
Crime of fraudulent presentation of multiple claims for same loss is not limited to presentation of claims to more than one insurer. |
Criminal Law and Procedure |
|
May 12, 2011 | |
|
08-16602
|
Harrison v. Gillespie
Trial court does not subject defendant to double jeopardy by declining to poll jury before discharging it because it was unable to reach verdict. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
08-55823
|
Velasquez v. Kirkland
Court properly dismisses federal habeas petition filed more than two years from date on which conviction became final and absent showing petitioner was entitled to tolling. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
10-10030
|
U.S. v. Tsosie
Defendant may appeal restitution award following plea agreement where agreement fails to give estimate of restitution amount he is exposed to. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
G042873
|
People v. Nunez
Term of years sentence that acts as sentence of actual life in prison without possibility of parole violates constitutional standards when applied to juvenile nonhomicide offenders. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
D057204
|
People v. Jaska
Grand theft convictions based on series of thefts against employer are proper where they were not committed under one intention, impulse, and plan. |
Criminal Law and Procedure |
|
May 10, 2011 | |
|
D056988
|
People v. Sherow
Consent defense to burglary is not collateral to elements of offense, and therefore must be proved by reasonable doubt standard, not preponderance of evidence. |
Criminal Law and Procedure |
|
May 10, 2011 | |
|
G042923
|
People v. Cottone
Court errs in not submitting to jury issue of whether defendant appreciated wrongfulness of prior sexual misconduct, which occurred 32 years ago. |
Criminal Law and Procedure |
|
May 10, 2011 | |
|
09-10451
|
U.S. v. Padilla
Jury instruction regarding defendant’s choice not to testify is valid where language chosen by court sufficiently covers substance of proposed instruction. |
Criminal Law and Procedure |
|
May 9, 2011 | |
|
A128728
|
People v. Grant
Pimping statute, which prohibits person from accepting earnings from known prostitute, does not violate defendant’s due process rights. |
Criminal Law and Procedure |
|
May 6, 2011 | |
|
B216425
|
People v. Spector
Court does not err in admitting into evidence videotape containing trial judge and criminalist discussing blood splatter location on victim’s hands during retrial. |
Criminal Law and Procedure |
|
May 6, 2011 | |
|
A124598
|
People v. Magee
Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions. |
Criminal Law and Procedure |
|
May 6, 2011 | |
|
10-15520
|
Fayer v. Vaughn
Defendant’s false arrest claim fails when probable cause existed based on defendant’s admission regarding use of false identification in violation of state laws. |
Criminal Law and Procedure |
|
May 5, 2011 | |
|
06-17161
|
Doody v. Ryan
Denial of habeas relief is improper when evidence established that 'Miranda' warnings were deficient and 17-year-old petitioner was overborne by interrogation. |
Criminal Law and Procedure |
|
May 5, 2011 | |
|
H035687
|
People v. Kennedy
Defendant whose felony conviction required lifetime sex offender registration is not relieved of obligation even after conviction is later reduced to misdemeanor. |
Criminal Law and Procedure |
|
May 5, 2011 | |
|
10-10229
|
U.S. v. Sanchez
Denial of defendant’s motion for acquittal is improper when ‘no contact’ order failed to satisfy statute’s requirement of ‘physical force against partner.’ |
Criminal Law and Procedure |
|
May 5, 2011 | |
|
10-1000
|
Bobby v. Mitts
Jury instruction given during penalty phase of trial, which instructed jury to consider death penalty or life sentence, does not violate holding of 'Beck v. Alabama.' |
Criminal Law and Procedure |
|
May 3, 2011 | |
|
10-10079
|
U.S. v. Li
Commonwealth of Northern Mariana Islands is part of U.S for purposes of crime of attempting to enter U.S. at time or place not designated by immigration officers. |
Criminal Law and Procedure |
|
May 3, 2011 | |
|
B216425
|
People v. Spector
Court does not err in admitting into evidence videotape containing trial judge and criminalist discussing blood splatter location on victim’s hands during retrial. |
Criminal Law and Procedure |
|
May 3, 2011 | |
|
G043190
|
People v. Ferguson
Court properly declines to instruct jury on defense of unconsciousness due to voluntary intoxication where defendant did not lack awareness of actions. |
Criminal Law and Procedure |
|
May 2, 2011 |
