| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D054660
|
People v. Riley
Trial court has discretion to reopen prosecution’s case so he may establish usable amount of marijuana. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
|
09-50296
|
U.S. v. O'Donnell
Solicitations of others to donate to candidate in own names violates federal campaign finance law prohibiting contribution in name of another. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
|
G042127
|
People v. Benner
Driver under the influence of methamphetamine fails to challenge conviction based on insufficiency of evidence. |
Criminal Law and Procedure |
|
Jun. 15, 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 |
|
Jun. 14, 2010 | |
|
08-50365
|
U.S. v. Navarro
Prosecutor’s potentially misleading closing argument does not prejudice defendant where jury is given correct instruction defining legal requirements. |
Criminal Law and Procedure |
|
Jun. 14, 2010 | |
|
09-10079
|
U.S. v. Bonds
Out-of-court statement by Barry Bonds’ trainer is not admissible as residual exception to hearsay or as non-hearsay party admission. |
Criminal Law and Procedure |
|
Jun. 14, 2010 | |
|
09-30217
|
U.S. v. Gamboa
Prisoner is not entitled to writ of audita querela relief where opportunity to challenge sentence was available through writ of habeas corpus. |
Criminal Law and Procedure |
|
Jun. 14, 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. 11, 2010 | |
|
A123469
|
People v. Johnson
Evidence of defendant’s prior domestic violence is admissible where incidents are substantially similar to charged offense, and evidence has high probative value. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
|
08-50541
|
U.S. v. Villasenor
Search of vehicle after crossing border is valid where agent has reasonable suspicion based on reliable tip and observation of defendant’s behavior. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
|
08-99000
|
West v. Ryan
District court properly denies death penalty defendant's habeas petition claiming ineffective assistance of counsel, despite lack of evidentiary hearing. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
|
S175907
|
People v. Indiana Lumbermens Mutual Insurance Co.
Surety must file for relief from forfeiture within 180 days after defendant is returned to custody outside county where bail was forfeited. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
|
A125182
|
In re Shippman
Parole is properly denied where nature of prisoner’s offense, as well as past control issues, create unreasonable risk of danger to society. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
|
07-10359
|
U.S. v. Capener
Attorney fee award is improper where government did not act frivolously in failing to perform further investigation after relying on expert opinion. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
|
09-50192
|
U.S. v. Orozco-Acosta
Warrant of removal is not testimonial statement violating defendant’s right to confront witness, and may be entered into evidence. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
|
F057537
|
People v. Wilkinson
Trial court errs by accepting mentally retarded defendant’s counsel's waiver of her appearance in hearing without her consent. |
Criminal Law and Procedure |
|
Jun. 10, 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 |
|
Jun. 9, 2010 | |
|
C060135
|
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
|
A124178
|
People v. Ferrer
Trial court improperly denies prosecution motion for continuance where dismissal of the case is reasonably foreseeable result. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
|
06-15444
|
Cooke v. Solis
Board does not establish ‘some evidence’ of prisoner’s present dangerousness and thus incorrectly denies parole. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
|
07-50240
|
U.S. v. Laurienti
Although it does not require mathematical precision, loss calculation for victims of securities fraud scheme is illogical, and thus not reasonable. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
|
09-5201
|
Barber v. Thomas
Federal Bureau of Prisons correctly calculates ‘good time credit’ at end of each year prisoner serves in prison. |
Criminal Law and Procedure |
|
Jun. 8, 2010 | |
|
07-99006
|
Mickey v. Ayers
Murder suspect held in Japanese prison awaiting extradition is not coerced into giving incriminating statements on flight back to United States. |
Criminal Law and Procedure |
|
Jun. 8, 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. 8, 2010 | |
|
09-50164
|
U.S. v. Castro
Lewd or lascivious act on child of 14 or 15 years by defendant over ten years older is not crime of violence. |
Criminal Law and Procedure |
|
Jun. 7, 2010 | |
|
G041195
|
People v. Duarte
Where street terrorism charge requires element of underlying firearm discharge felony, defendant may only be sentenced pursuant to one charge. |
Criminal Law and Procedure |
|
Jun. 4, 2010 | |
|
G041014
|
People v. Chikosi
Accuracy records of breathalyzer tests are not hearsay and can be basis of qualified witness testimony. |
Criminal Law and Procedure |
|
Jun. 4, 2010 | |
|
07-99005
|
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts. |
Criminal Law and Procedure |
|
Jun. 4, 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 |
|
Jun. 4, 2010 | |
|
08-1301
|
Carr v. U.S.
Sex Offender Registration and Notification Act does not apply to sex-offenders who traveled interstate and failed to register before Act’s enactment. |
Criminal Law and Procedure |
|
Jun. 2, 2010 |
