| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-50253
|
U.S. v. Denton
Presumption that charged wobbler is felony does not apply to uncharged conduct in determination of supervised release revocation. |
Criminal Law and Procedure |
|
Jul. 12, 2010 | |
|
C062550
|
In re Watford
Subsequent invalidation of sex offense does not void conviction for failure to register as sex offender. |
Criminal Law and Procedure |
|
Jul. 12, 2010 | |
|
E049726
|
People v. Disandro
Traffic court may not proceed with trial in defendant’s absence without finding failure to appear was made voluntarily. |
Criminal Law and Procedure |
|
Jul. 9, 2010 | |
|
S031641
|
People v. Tate
Improper prospective juror excusal for reasons other than her views on death penalty results in error which does not require reversal. |
Criminal Law and Procedure |
|
Jul. 9, 2010 | |
|
S107508
|
In re Valdez
Defense counsel’s reasonable, tactical decision not to present certain evidence at trial does not constitute ineffective assistance. |
Criminal Law and Procedure |
|
Jul. 9, 2010 | |
|
08-10301
|
U.S. v. Brooks
Sentencing enhancement for offenses involving minors within care of defendant only applies where defendant has pre-existing parent-like relationship with minor. |
Criminal Law and Procedure |
|
Jul. 9, 2010 | |
|
09-10098
|
U.S. v. Evans-Martinez
Court commits procedural error in calculating all counts based on statutorily required minimum sentence where some counts are subject to sentencing range. |
Criminal Law and Procedure |
|
Jul. 9, 2010 | |
|
09-50434
|
U.S. v. Chavez
Criminal statute of conviction, rather than parsimony clause of sentencing statute, sets statutory maximum for sentencing under 'Apprendi v. New Jersey.' |
Criminal Law and Procedure |
|
Jul. 9, 2010 | |
|
07-50100
|
U.S. v. Graf
Founder and consultant of insurer who defrauded policyholders does not have personal attorney-client privilege over communications with corporate attorneys. |
Criminal Law and Procedure |
|
Jul. 8, 2010 | |
|
09-35276
|
Lee v. Lampert
Actual innocence is not exception to statute of limitations to allow federal habeas relief to prisoner found guilty by state court judgment. |
Criminal Law and Procedure |
|
Jul. 7, 2010 | |
|
08-10147
|
U.S. v. Johnson
Defendants’ bizarre behavior while representing themselves at trial does not violate right to fair trial where behavior does not obstruct proceedings. |
Criminal Law and Procedure |
|
Jul. 7, 2010 | |
|
C062466
|
In re Ross
Governor may consider new evidence indicating current dangerousness when determining prisoner’s parole eligibility in remand proceedings. |
Criminal Law and Procedure |
|
Jul. 6, 2010 | |
|
B212210
|
People v. Chung
Exigent circumstances exist for officers to search residence without warrant where officers had reasonable cause to believe that dog was in distress. |
Criminal Law and Procedure |
|
Jul. 6, 2010 | |
|
B210240
|
People v. Keating
Amendment to Penal Code that increases good conduct credits for presentence custody applies retroactively to defendants whose sentences are not yet final. |
Criminal Law and Procedure |
|
Jul. 6, 2010 | |
|
F058534
|
People v. Phillips
Date of conviction, rather than date of crime, controls application of assessment imposed pursuant to Government Code Section 70373. |
Criminal Law and Procedure |
|
Jul. 6, 2010 | |
|
B214314
|
People v. Bacon
Amendment of Penal Code Section 4019 applies retroactively, entitling defendant to 10 extra days of presentence local conduct credit. |
Criminal Law and Procedure |
|
Jul. 2, 2010 | |
|
S171895
|
People v. Herrera
Prosecution properly shows witness’ unavailability where attempts to locate witness, who was deported to El Salvador, were unsuccessful. |
Criminal Law and Procedure |
|
Jul. 2, 2010 | |
|
S057321
|
People v. Lomax
Defendant’s right to speedy trial is not violated where attorney requests continuance, over defendant’s objection, for reasonable time to prepare for trial. |
Criminal Law and Procedure |
|
Jul. 2, 2010 | |
|
G042894
|
People v. Honan
Mandatory sex offender registration for persons convicted of indecent exposure, but not for lewd conduct, does not violate equal protection. |
Criminal Law and Procedure |
|
Jul. 1, 2010 | |
|
05-56894
|
Seaton v. Mayberg
Prisoner compelled to submit to medical examination for sexually violent predator civil commitment has no substantial privacy interest. |
Criminal Law and Procedure |
|
Jul. 1, 2010 | |
|
A126005
|
People v. Jones
Attorney has duty to investigate evidence corroborating criminal defendant’s statements to render effective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 1, 2010 | |
|
09-8854
|
Sears v. Upton
Counsel's effort to present some mitigation evidence does not foreclose inquiry into whether deficient investigation might have prejudiced defendant. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
|
08-30312
|
U.S. v. Struckman
Suppression of evidence is adequate remedy for government misconduct in investigation where defendant accused of massive tax fraud fled to Panama. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
|
C060490
|
People v. Beaver
Court improperly gives jury instruction on larceny where evidence shows employer is actually victim of theft by false pretenses. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
|
C064437
|
In re Rodden
Since her Kentucky conviction is not equivalent to California’s child procurement offense, new resident need not register as sex offender. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
|
S074804
|
People v. Hartsch
Court properly denies severance of charges where evidence would be admissible in all trials for charged offenses. |
Criminal Law and Procedure |
|
Jun. 29, 2010 | |
|
S029490
|
People v. Williams
Defendant’s voluntary confessions to police are properly admitted to trial, resulting in murder conviction and death sentence. |
Criminal Law and Procedure |
|
Jun. 29, 2010 | |
|
B212529
|
People v. Beckley
Prosecution's failure to authenticate photograph that was downloaded from defendant's home page on MySpace.com should have barred its admission into evidence. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
|
G042328
|
People v. International Fidelity Insurance Co.
Surety is obligated to guarantee defendant's appearance on any charge in amended information where charge was based on acts supporting original complaint. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
|
D054343
|
People v. Vang
Expert’s opinion of defendants’ intent and knowledge based on thinly veiled hypothetical scenario is improperly admitted. |
Criminal Law and Procedure |
|
Jun. 28, 2010 |
