| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-30541
|
U.S. v. Moreland
‘Proceeds’ in federal money-laundering charge must be defined as only ‘profits’ in instruction to jury. |
Criminal Law and Procedure |
|
May 4, 2010 | |
|
08-30153
|
U.S. v. Rich
Pre-conviction, independent receivership order survives death of criminal defendant while restitution order does not. |
Criminal Law and Procedure |
|
May 4, 2010 | |
|
09-50154
|
U.S. v. Coronado
Negligent discharge of firearm conviction does not qualify as ‘crime of violence’ with purposeful mens rea for sentencing enhancement. |
Criminal Law and Procedure |
|
May 4, 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 3, 2010 | |
|
A125490
|
People v. Davis
Special venue allegation seeking to try intercounty murders together does not only apply to serial killers. |
Criminal Law and Procedure |
|
May 3, 2010 | |
|
S059531
|
People v. Redd
Federal park police officer has authority to detain and arrest defendant on San Francisco property when arrest is located near federal property. |
Criminal Law and Procedure |
|
Apr. 30, 2010 | |
|
07-16045
|
Moor v. Palmer
Amended statute determining parole eligibility does not violate ex post facto laws where it does not create significant risk of increased penalty. |
Criminal Law and Procedure |
|
Apr. 30, 2010 | |
|
09-30041
|
U.S. v. Franklin
Probable cause exists for officers to believe motel room is parolee’s residence and thus subject to warrantless search. |
Criminal Law and Procedure |
|
Apr. 30, 2010 | |
|
E048899
|
People v. Williams
Court wrongly denies restitution for IRS penalties assessed against company due to former manager's failure to pay payroll taxes. |
Criminal Law and Procedure |
|
Apr. 29, 2010 | |
|
09-10126
|
U.S. v. Lee
For purposes of identification fraud, it is irrelevant whether government agent who actually produced defendant’s license intended to commit fraud. |
Criminal Law and Procedure |
|
Apr. 29, 2010 | |
|
06-55392
|
Hayward v. Marshall
Unlike federal law, California law requires some evidence to reject prisoner’s parole due to future dangerousness to public. |
Criminal Law and Procedure |
|
Apr. 27, 2010 | |
|
C060425
|
People v. Mathers
Genuine checks that were uncollectible due to bank account closure do not qualify as ‘fictitious’ under Penal Code Section 476. |
Criminal Law and Procedure |
|
Apr. 23, 2010 | |
|
E046846
|
People v. Tepetitla-Cruz
Jury instruction on charge of committing lewd and lascivious acts on minor properly states that consent defense does not apply. |
Criminal Law and Procedure |
|
Apr. 23, 2010 | |
|
08-30091
|
U.S. v. Strickland
Docket sheet showing state conviction is properly considered in determining whether conviction was predicate offense relating to sexual abuse of minor. |
Criminal Law and Procedure |
|
Apr. 20, 2010 | |
|
B213003
|
People v. Yokely
Trial court properly finds that in-court identification testimony is admissible where identifications had origins independent of illegal live lineup. |
Criminal Law and Procedure |
|
Apr. 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 |
|
Apr. 19, 2010 | |
|
D055331
|
People v. Hernandez
Jury instruction on provocation is not misleading where jury understood that provocation was relevant to issue of premeditation. |
Criminal Law and Procedure |
|
Apr. 19, 2010 | |
|
A125880
|
People v. Shafrir
Inventory search is valid where officers seized vehicle for safekeeping because neighborhood in which driver was arrested was too dangerous. |
Criminal Law and Procedure |
|
Apr. 16, 2010 | |
|
S062562
|
People v. Taylor
Statements made at prior court-compelled competency hearing may be used by prosecution to rebut testimony offered by defense at sentencing phase. |
Criminal Law and Procedure |
|
Apr. 16, 2010 | |
|
08-30322
|
U.S. v. Alderman
Prior first degree theft conviction is ‘violent felony/crime of violence’ that contributes to upward adjustment of sentence. |
Criminal Law and Procedure |
|
Apr. 16, 2010 | |
|
09-50126
|
U.S. v. Velasquez-Bosque
State carjacking conviction constitutes ‘crime of violence’ under Sentencing Guidelines, subjecting defendant to enhanced penalty. |
Criminal Law and Procedure |
|
Apr. 16, 2010 | |
|
E047898
|
People v. Becker
‘Ecstasy,’ which contains methamphetamine, qualifies as controlled substance or analog of controlled substance sufficient to uphold conviction for possession. |
Criminal Law and Procedure |
|
Apr. 15, 2010 | |
|
A121763
|
People v. Chappelone
Trial court overestimates restitution value of damaged Target merchandise by relying on retail price rather than devalued worth. |
Criminal Law and Procedure |
|
Apr. 15, 2010 | |
|
C060673
|
People v. Stacy
False personation conviction is valid when defendant suspected of driving under influence repeatedly gave officer another person’s information to avoid liability. |
Criminal Law and Procedure |
|
Apr. 15, 2010 | |
|
09-35413
|
Mora-Meraz v. Thomas
Notice and comment procedure does not apply to proof of drug abuse or dependence requirement for admission to drug abuse program. |
Criminal Law and Procedure |
|
Apr. 15, 2010 | |
|
A123779
|
People v. Landon
Conduct credit calculation as amended in Penal Code Section 4019 applies retroactively to determine defendant’s presentence custody accruement. |
Criminal Law and Procedure |
|
Apr. 14, 2010 | |
|
A123967
|
People v. Reed
Trial court fails to make inquiry into defendant’s claim of ineffective assistance of counsel as basis for new trial. |
Criminal Law and Procedure |
|
Apr. 14, 2010 | |
|
B212183
|
People v. Botello
Prosecution may not use uncharged provision for sentencing enhancements which were not pled and proved before appeal. |
Criminal Law and Procedure |
|
Apr. 13, 2010 | |
|
B212057
|
People v. House
Amendment to Penal Code Section 4019, concerning calculation of presentence custody credits, applies retroactively to defendant's sentence. |
Criminal Law and Procedure |
|
Apr. 13, 2010 | |
|
07-56277
|
Hein v. Sullivan
Prosecution’s failure to disclose evidence does not prejudice teenagers convicted of felony-murder and other related crimes. |
Criminal Law and Procedure |
|
Apr. 13, 2010 |
