| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C061053
|
People v. Cropsey
In applying fines previously imposed after defendant’s third parole violation, court does not wrongfully impose separate restitution fines for same conviction. |
Criminal Law and Procedure |
|
May 18, 2010 | |
|
08-1224
|
U.S. v. Comstock
Necessary and Proper Clause grants Congress authority to enact statute that allows commitment of mentally ill, sexually violent prisoners beyond release date. |
Criminal Law and Procedure |
|
May 17, 2010 | |
|
08-7412
|
Graham v. Florida
Constitution’s Cruel and Unusual Punishments Clause prohibits Florida’s imposition of life without parole on juvenile nonhomicide offender. |
Criminal Law and Procedure |
|
May 17, 2010 | |
|
S157932
|
People v. Ceja
Defendant convicted of theft may not be convicted of receiving same property, and receiving charge cannot be upheld in such dual convictions. |
Criminal Law and Procedure |
|
May 17, 2010 | |
|
09-15633
|
Peterson v. State
Proposition 115, which permits probable cause determinations at preliminary hearings based on hearsay evidence presented by qualified officers, does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
May 17, 2010 | |
|
C059700
|
People v. Vang
Being felon in possession of firearm is separate offense from possession of methamphetamine while armed, and defendant may be sentenced under both. |
Criminal Law and Procedure |
|
May 17, 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 16, 2010 | |
|
B212616
|
People v. Ligons
Prisoner must intend to escape from jail, not just cell, to be convicted of attempting to escape from officer’s custody. |
Criminal Law and Procedure |
|
May 16, 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 16, 2010 | |
|
08-50057
|
U.S. v. Castagana
Defendant only needs intent to convey false or misleading information indicating activity in violation of anti-terrorism laws to support hoax conviction. |
Criminal Law and Procedure |
|
May 16, 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 |
|
May 16, 2010 | |
|
E047271
|
People v. Otubuah
Check forgeries possessed on single occasion that violate autonomy of three victims is subject to three convictions instead of one. |
Criminal Law and Procedure |
|
May 13, 2010 | |
|
H033413
|
People v. Hopkins
Amendment to Section 4019 cannot be retroactively applied to prisoners seeking more custody credit. |
Criminal Law and Procedure |
|
May 12, 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 12, 2010 | |
|
S161545
|
People v. Wyatt
Child abuse homicide requires defendant be aware of facts that would lead reasonable person to realize serious injury would result from conduct. |
Criminal Law and Procedure |
|
May 11, 2010 | |
|
C061501
|
People v. Douangpanya
Instruction defining ‘moral turpitude’ as ‘readiness to do evil’ for purposes of impeachment priors does not predispose jury to considering defendant as evil. |
Criminal Law and Procedure |
|
May 11, 2010 | |
|
C060225
|
People v. Branch
Defendant’s belief as to victim’s age is not valid defense to attempted pimping of minor charge. |
Criminal Law and Procedure |
|
May 10, 2010 | |
|
E047271
|
People v. Otubuah
Check forgeries possessed on single occasion that violate autonomy of three victims is subject to three convictions instead of one. |
Criminal Law and Procedure |
|
May 10, 2010 | |
|
08-35810
|
Reynolds v. Thomas
Federal Bureau of Prisons’ determination of where prisoner’s federal sentence begins is based only on district, not state, court’s order. |
Criminal Law and Procedure |
|
May 10, 2010 | |
|
G042077
|
People v. Contreras
Jury instruction CALCRIM No. 224 properly applied to jury determining whether defendant is mentally disordered offender. |
Criminal Law and Procedure |
|
May 10, 2010 | |
|
B212994
|
People v. Lam
Jury is properly instructed with murder instead of aiding and abetting suicide where defendant actively participated in final overt act causing death. |
Criminal Law and Procedure |
|
May 10, 2010 | |
|
A123659
|
People v. Norton
Pursuant to retroactive application of amended Penal Code Section 4019, defendant is entitled to additional presentence conduct credit. |
Criminal Law and Procedure |
|
May 7, 2010 | |
|
B220991
|
People v. Superior Court (Mitchell)
In reaction to withholding discovery, trial court erred by failing to exhaust all other sanctions before excluding prosecution witnesses and other evidence. |
Criminal Law and Procedure |
|
May 7, 2010 | |
|
E046884
|
People v. Traugott
Denial of 12-person jury without defendant’s consent in criminal action renders unanimous conviction reversible per se. |
Criminal Law and Procedure |
|
May 7, 2010 | |
|
A123042
|
People v. Pelayo
Amendment increasing presentencing custody credit is retroactive to sentences not yet final on direct appeal at time amendment went into effect. |
Criminal Law and Procedure |
|
May 7, 2010 | |
|
08-17299
|
Collins v. Runnels
Supreme Court precedent does not require severance of joint criminal trial where codefendants have mutually antagonistic defenses. |
Criminal Law and Procedure |
|
May 6, 2010 | |
|
08-50454
|
U.S. v. Mousavi
Iranian Transaction Regulations conviction is supported by sufficient evidence where defendant contracted to perform services to establish business ventures in Iran. |
Criminal Law and Procedure |
|
May 6, 2010 | |
|
08-30463
|
U.S. v. Struckman
Officers’ warrantless search of home in reliance on vague 911 call violates defendant’s Fourth Amendment rights. |
Criminal Law and Procedure |
|
May 5, 2010 | |
|
09-30004
|
U.S. v. Stever
Court’s denial of defendant’s discovery request for government’s information regarding drug trafficking organizations violates defendant’s right to present defense. |
Criminal Law and Procedure |
|
May 5, 2010 | |
|
09-338
|
Renico v. Lett
Sixth Circuit improperly grants habeas relief where Michigan Supreme Court reasonably allowed retrial under Antiterrorism and Effective Death Penalty Act of 1996. |
Criminal Law and Procedure |
|
May 4, 2010 |
