| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-50544
|
U.S. v. Henderson
District courts have discretion to vary from child pornography sentencing guidelines based on policy disagreements with them. |
Criminal Law and Procedure |
|
May 2, 2011 | |
|
H034349
|
People v. Powell
Sufficient evidence supports conviction for exposing daughter to pornographic movies where victim described seeing movie in which actors engaged in sexual activity. |
Criminal Law and Procedure |
|
May 2, 2011 | |
|
H035083
|
People v. Velasco
Prison officials do not violate defendant's due process rights in failing to preserve evidence that remained in defendant's control. |
Criminal Law and Procedure |
|
May 2, 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 |
|
Apr. 29, 2011 | |
|
08-99030
|
Kemp v. Ryan
Defendant's rights to be free from compelled self-incrimination are not violated where officers asked him questions attendant to custody while in jail. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
10-10038
|
U.S. v. Nosal
Employee ‘exceeds authorized access’ to computer information under Computer Fraud and Abuse Act by violating employer’s computer use restrictions. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
10-30124
|
U.S. v. Whitlock
Court must disclose probation officer's sentencing recommendation following revocation of supervised release as to information it relied on in sentencing. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
09-10397
|
U.S. v. Maier
Court properly exercises discretion to vacate possession of child pornography charge and sentence under distribution charge based on defendant’s significant criminal activity. |
Criminal Law and Procedure |
|
Apr. 27, 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 |
|
Apr. 27, 2011 | |
|
E049827
|
People v. Moomey
Sufficient evidence supports accessory to burglary conviction where defendant entered store with principal without apparent intent to make purchases. |
Criminal Law and Procedure |
|
Apr. 26, 2011 | |
|
E050114
|
People v. Larson
Prior conviction records made in ordinary course of business for courts are nontestimonial in nature, and not subject to Sixth Amendment confrontation requirements. |
Criminal Law and Procedure |
|
Apr. 26, 2011 | |
|
E048880
|
People v. Nguyen
Defendant’s due process rights are not violated where there is no evidence he objected to his attorney’s waiver of presence at time of recommitment trial. |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
07-36086
|
Miller v. Oregon Board of Parole and Post-Prison Supervision
Oregon statute placing burden on prisoner to make showing of parole eligibility creates liberty interest in early parole eligibility. |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
09-50446
|
U.S. v. Sandoval-Gonzalez
Conviction for being alien who reentered U.S. after deportation is vacated where burden of proof was shifted to alien to establish citizenship. |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
B221424
|
People v. Varela
Defendant’s conviction for evading police officer while driving motor vehicle is proper because ‘pocket bike’ is within definition of ‘motor vehicle.’ |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
B222463
|
People v. Valdez
Defendant may be sentenced per occurrence, not victim, under ‘one strike law,’ where sex offenses were committed against multiple victims. |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
09-16775
|
U.S. v. Bibbins
Substantial evidence supports conviction for willfully resisting government employee where defendant failed to obey park rangers’ orders during attempted arrest. |
Criminal Law and Procedure |
|
Apr. 20, 2011 | |
|
B223191
|
People v. Robinson
Defendant's sentence under both firearm use and great bodily harm enhancements does not violate prohibition against multiple punishments under Penal Code Section 654. |
Criminal Law and Procedure |
|
Apr. 20, 2011 | |
|
B222978
|
People v. Garcia
Restitution may not be awarded for potential economic loss to victims in case involving seized DVDs and CDs. |
Criminal Law and Procedure |
|
Apr. 19, 2011 | |
|
09-50532
|
U.S. v. Valdovinos-Mendez
Admission of defendant’s certificate of nonexistence of record and Alien Registration File into evidence did not violate his confrontation right under Sixth Amendment. |
Criminal Law and Procedure |
|
Apr. 18, 2011 | |
|
B224758
|
People v. Placencia
Defendant's appeal from denial of motion to vacate judgment following plea is dismissed due to failure to obtain certificate of probable cause. |
Criminal Law and Procedure |
|
Apr. 18, 2011 | |
|
09-10319
|
U.S. v. Tucker
Shotgun found inside defendant’s master bedroom closet supports finding of felony firearm possession where defendant was sole adult occupant of apartment. |
Criminal Law and Procedure |
|
Apr. 17, 2011 | |
|
H035418
|
People v. Pacheco
Despite prior juvenile adjudication, court must use higher ratio for calculating defendant’s conduct credit. |
Criminal Law and Procedure |
|
Apr. 14, 2011 | |
|
G043313
|
People v. Murdoch
Court errs in failing to institute competency hearing where defendant's defense to felony assault charge was that victim was not human. |
Criminal Law and Procedure |
|
Apr. 13, 2011 | |
|
10-10022
|
U.S. v. Pelisamen
Wire fraud conviction remains valid although instructions and jury verdict form included 'money or property' and invalid honest-services theories. |
Criminal Law and Procedure |
|
Apr. 13, 2011 | |
|
H035370
|
People v. Brunette
Comparative fault analysis is inapplicable to reduce restitution award to animal welfare agency that arranged for rescued dogs’ care. |
Criminal Law and Procedure |
|
Apr. 13, 2011 | |
|
H035075
|
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
|
05-50902
|
U.S. v. Inzunza
District judge properly relies on co-conspirator statements and party opponent admissions to convict former city councilman of extortion. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
|
09-50372
|
U.S. v. Apodaca
Lifetime term of supervised release for possession-only child pornographer is not unreasonable where court based its decision on defendant’s particular circumstances. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
|
10-15760
|
Roberts v. Hartley
State’s decision to deny parole does not violate due process where inmate received opportunity to be heard and explanation of denial. |
Criminal Law and Procedure |
|
Apr. 12, 2011 |
