| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-1470
|
Berghuis v. Thompkins
Suspect waives right to remain silent by making uncoerced statement to police during interrogation in which he largely remained silent. |
Criminal Law and Procedure |
|
Jun. 2, 2010 | |
|
A127100
|
Gressett v. Superior Court (People)
Former deputy district attorney indicted of sodomy and rape fails to have private attorney appointed as his trial counsel at county expense. |
Criminal Law and Procedure |
|
Jun. 1, 2010 | |
|
S058537
|
People v. Collins
Juror’s use of home computer to draw diagram of shooting was part of individual contemplation of evidence, rather than misconduct. |
Criminal Law and Procedure |
|
May 28, 2010 | |
|
S164011
|
People v. Jacinto
Legal deportation of witness does not violate defendant’s right to compulsory process where no evidence of prosecutorial misconduct is presented. |
Criminal Law and Procedure |
|
May 28, 2010 | |
|
09-30120
|
U.S. v. Blinkinsop
Special condition on supervised release is overbroad where it fails to consider offender’s children when imposing restriction on where offender may go. |
Criminal Law and Procedure |
|
May 28, 2010 | |
|
B213097
|
People v. Ramirez
For Penal Code Section 12022.55 enhancement to apply to defendant’s sentence, victim must not be occupant of motor vehicle. |
Criminal Law and Procedure |
|
May 27, 2010 | |
|
A125270
|
People v. Henry
Evidence seized from defendant's car incident to arrest is admissible where officers relied in good faith upon decision allowing search of entire compartment. |
Criminal Law and Procedure |
|
May 27, 2010 | |
|
C057666
|
People v. Weddles
Brother of owner of property is robbery victim because he knew location of taken items in apartment he frequented. |
Criminal Law and Procedure |
|
May 27, 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 |
|
May 27, 2010 | |
|
08-55728
|
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test. |
Criminal Law and Procedure |
|
May 26, 2010 | |
|
08-17576
|
Lunbery v. Hornbeak
Defendant’s right to present complete defense is violated where court fails to consider all evidence of alternative suspect in determining admissibility. |
Criminal Law and Procedure |
|
May 26, 2010 | |
|
09-15341
|
Taylor v. Sisto
Preinstruction to prospective jurors requiring them to set aside personal experiences is flawed. |
Criminal Law and Procedure |
|
May 26, 2010 | |
|
E048184
|
People v. Casas
Embezzlement conviction stands even if defendant intended to return trade-in vehicle, which he drove nearly 400 miles to buy drugs. |
Criminal Law and Procedure |
|
May 26, 2010 | |
|
B212766
|
Garber v. Superior Court (People)
'Place of residence' exemptions do not apply to firearms charges where defendant used trailer for transportation when encounter with victim occurred. |
Criminal Law and Procedure |
|
May 26, 2010 | |
|
D056808
|
People v. Wynn
Sentence for weapons enhancement for using nunchaku in Walmart burglary is stayed because act was punished under assault with deadly weapon counts. |
Criminal Law and Procedure |
|
May 25, 2010 | |
|
09-8852
|
Jefferson v. Upton
Appellate court must consider all exceptions to determine whether defendant received full and fair evidentiary hearing in state court. |
Criminal Law and Procedure |
|
May 24, 2010 | |
|
08-1341
|
U.S. v. Marcus
Appellate court wrongfully interprets plain-error rule, allowing for retrial where error did not affect appellant’s substantial right. |
Criminal Law and Procedure |
|
May 24, 2010 | |
|
08-1569
|
U.S. v. O'Brien
Machine gun use is element to be determined by jury under 18 U.S.C. Section 924(c), not sentencing enhancement to be determined by judge. |
Criminal Law and Procedure |
|
May 24, 2010 | |
|
S171163
|
People v. Castillo
Sexually violent predator’s stipulation that commitment extensions are limited to two-year periods despite change in law is upheld under judicial estoppel. |
Criminal Law and Procedure |
|
May 24, 2010 | |
|
S056891
|
People v. Thompson
Prospective jurors may be excused based on written questionnaire alone where jurors’ views about death penalty are clear from responses. |
Criminal Law and Procedure |
|
May 24, 2010 | |
|
08-56218
|
Ponce v. Felker
Supreme Court ruling that 'forfeiture by wrongdoing' exception to confrontation right only applies if defendant intended to prevent testimony does not apply retroactively. |
Criminal Law and Procedure |
|
May 24, 2010 | |
|
G040600
|
People v. Nguyen
Non-identical sex offenses occurring in different jurisdictions may be tried together because both offenses belong to same class of crimes. |
Criminal Law and Procedure |
|
May 23, 2010 | |
|
C061440
|
People v. Woosley
Where prosecution’s consent is lacking, trial court cannot induce defendant to plead guilty in exchange for dismissal of charged enhancement. |
Criminal Law and Procedure |
|
May 23, 2010 | |
|
D053377
|
People v. Roberts
Court properly denies motion to suppress wiretaps where state showed that task force achieved objectives despite failure to provide timely wiretap reports. |
Criminal Law and Procedure |
|
May 23, 2010 | |
|
08-55534
|
Maxwell v. Roe
Bona fide doubt of defendant’s competency exists where defendant is disruptive and uncontrollable, cannot communicate with counsel, and attempts suicide during trial. |
Criminal Law and Procedure |
|
May 20, 2010 | |
|
S166402
|
People v. Sutton
Unavailability of defendant’s counsel is good cause to delay trial where unforeseen events led to attorney’s unavailability. |
Criminal Law and Procedure |
|
May 20, 2010 | |
|
A125831
|
In re Calderon
Prisoner is eligible for parole where there is no evidence he poses current risk of dangerousness if released. |
Criminal Law and Procedure |
|
May 19, 2010 | |
|
B210909
|
People v. King
Court’s error in admitting evidence of uncharged incident involving defendant to show intent is harmless where other overwhelming evidence supports guilty conviction. |
Criminal Law and Procedure |
|
May 18, 2010 | |
|
B213271
|
People v. Delgado
Defendant is entitled to receive conduct credits under amendment to Penal Code Section 4019, which went into effect after she was sentenced. |
Criminal Law and Procedure |
|
May 18, 2010 | |
|
A126236
|
Maldonado v. Superior Court (People)
Although subject to partial redaction, court compelled pre-trial psychiatric examination for defendant alleging neurocognitive deficits does not violate Fifth Amendment. |
Criminal Law and Procedure |
|
May 18, 2010 |
