| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G041759
|
People v. Eid
Victim’s lack of consent is element of ‘kidnapping for ransom’ offense and must be included in jury instruction. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
|
08-30286
|
U.S. v. Rivera-Corona
Court fails to properly inquire into defendant’s financial eligibility before denying his motion for substitution of retained counsel with court-appointed counsel. |
Criminal Law and Procedure |
|
Aug. 19, 2010 | |
|
G040641
|
People v. Schmitz
Parolee status of front seat passenger cannot justify warrantless search of back seat. |
Criminal Law and Procedure |
|
Aug. 19, 2010 | |
|
08-50345
|
U.S. v. Alvarez
Stolen Valor Act, which punishes whoever falsely represents that they have been awarded medal authorized for armed forces, is unconstitutional. |
Criminal Law and Procedure |
|
Aug. 18, 2010 | |
|
09-30149
|
U.S. v. Dotson
Violations of state law that prohibits serving alcohol to those under 21 are properly assimilated and can be charged in federal court. |
Criminal Law and Procedure |
|
Aug. 18, 2010 | |
|
09-10011
|
U.S. v. Rosas
Court properly denies defendant sentencing benefit of acceptance of responsibility where defendant failed to appear at sentencing hearing. |
Criminal Law and Procedure |
|
Aug. 17, 2010 | |
|
07-16481
|
Campbell v. Henry
State prisoner’s pro se habeas petitions benefit from mailbox rule – petitions are considered filed when handed to prison authorities for mailing. |
Criminal Law and Procedure |
|
Aug. 16, 2010 | |
|
S184190
|
People v. Chikosi
Order |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
|
S081148
|
People v. Jennings
Father’s equivocal and evasive responses to wife’s statements of his role in killing their son are properly admitted as adoptive admissions. |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
|
S026408
|
People v. Lynch
Self-representation motion filed two weeks before trial is properly determined untimely where extent of trial preparation necessary would lead to substantial delay. |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
|
09-30284
|
U.S. v. Maddox
Police officer’s warrantless search of reckless driver’s car is unlawful wher defendant was incapable of destroying evidence or presenting threat. |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
|
C063113
|
People v. Jones
Court abuses its discretion by failing to make clear statement of calculation method it used in ordering victim restitution. |
Criminal Law and Procedure |
|
Aug. 12, 2010 | |
|
08-10240
|
U.S. v. Pineda-Doval
Transportation of illegal aliens resulting in death conviction requires proximate cause element for 'resulting in death' jury instruction. |
Criminal Law and Procedure |
|
Aug. 11, 2010 | |
|
09-50036
|
U.S. v. Wahid
No error exists where court recognizes its discretion to reduce defendant’s sentence for non-predicate offenses but chooses not to exercise such discretion. |
Criminal Law and Procedure |
|
Aug. 11, 2010 | |
|
B207285
|
People v. Cox
Trial court properly determines that prosecutor’s reasons for peremptory challenges in voir dire were not based on race. |
Criminal Law and Procedure |
|
Aug. 11, 2010 | |
|
S078404
|
People v. Brady
Calls received by hotline are irrelevant where no further evidence exists that calls were connected to motive or opportunity to commit crime. |
Criminal Law and Procedure |
|
Aug. 10, 2010 | |
|
D055087
|
People v. Jones
Conviction for shooting at occupied vehicle is proper where jury believed that defendant's hand or gun was inside vehicle when she shot into it. |
Criminal Law and Procedure |
|
Aug. 10, 2010 | |
|
B215310
|
People v. Hall
Chain of custody is adequate where blood sample is shown to have no reasonable indication of alteration. |
Criminal Law and Procedure |
|
Aug. 10, 2010 | |
|
S055415
|
People v. Cowan
10-year delay between commission of murder and filing of charges does not violate defendant’s due process rights where delay was justified. |
Criminal Law and Procedure |
|
Aug. 6, 2010 | |
|
B224400
|
In re Coley
Lengthy sentence for failure to update sex offender registration under Three Strikes law does not violate Eighth Amendment. |
Criminal Law and Procedure |
|
Aug. 5, 2010 | |
|
C061186
|
People v. Busch
Requiring proof of knowledge of weight of narcotic is not essential to convicting individual of transporting more than 28.5 grams of marijuana. |
Criminal Law and Procedure |
|
Aug. 5, 2010 | |
|
C063661
|
People v. Stanley
When criminal damages vehicle, trial court may award victim cost of repairing vehicle, even if that amount exceeds vehicle’s replacement value. |
Criminal Law and Procedure |
|
Aug. 4, 2010 | |
|
08-17523
|
Krainski v. State of Nevada
Police officers who arrest university co-ed based on false statements receive qualified immunity for Fourth Amendment claim. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
|
S083904
|
People v. Verdugo
Court properly denies motion for co-counsel in capital case where no facts or complex issues are presented warranting appointment of second attorney. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
|
08-35204
|
Cheney v. Washington
Court properly denies ineffective assistance of counsel claim where counsel’s objection to prosecutor’s closing statement was only slightly delayed, causing no prejudice. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
|
08-50206
|
U.S. v. Monday
Government is not required to prove postal service employee possessed specific intent to permanently deprive for conviction for removing contents of mail. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
|
07-30199
|
U.S. v. Gallegos
District court properly imposes partially concurrent and partially consecutive sentence for escape charge. |
Criminal Law and Procedure |
|
Aug. 2, 2010 | |
|
09-50029
|
U.S. v. Forrester
Knowing and voluntary requirement for guilty plea does not extend to defendant’s rejection of plea offers. |
Criminal Law and Procedure |
|
Aug. 2, 2010 | |
|
E049321
|
People v. Alvarado
Since there is no equal protection violation, man convicted of attempted lewd acts on child under 14 must register as sex offender. |
Criminal Law and Procedure |
|
Aug. 2, 2010 | |
|
S015384
|
People v. Letner
Police officer’s traffic stop and ensuing detention of driver and passenger does not lack reasonable suspicion. |
Criminal Law and Procedure |
|
Jul. 30, 2010 |
