| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-50253
|
U.S. v. Reyes-Bosque
Warrantless search is justified by exigent circumstance where agents were informed that illegal aliens were being held inside house. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
F057533
|
People v. Rodriguez
Penal Code amendment granting more favorable presentence good conduct credit is not retroactively applicable. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
07-17027
|
U.S. v. Bright
Fifth Amendment privilege against self-incrimination does not apply to production of documents where existence and location of papers are foregone conclusion. |
Criminal Law and Procedure |
|
Feb. 28, 2010 | |
|
D053464
|
People v. Cissna
Juror’s daily discussions with friend about case was misconduct that created juror bias detrimental to defendant and basis for new trial. |
Criminal Law and Procedure |
|
Feb. 28, 2010 | |
|
H033992
|
People v. Taravella
Person convicted of oral copulation with minor need not register as sex offender because he is similarly situated to other non-registering convicts. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
08-10398
|
U.S. v. Garrido
Court has authority to consider sentence reduction for acceptance of responsibility after defendant failed to plead guilty to all charges. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
H033386
|
People v. Perez
Statute of limitations is inapplicable when alternative sentencing scheme makes sexual offense punishable by death or imprisonment in state prison for life. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
06-17161
|
Doody v. Schriro
Nearly 13-hour interrogation of sleep deprived juvenile by tag team of detectives renders confession involuntary. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
08-680
|
Maryland v. Shatzer
14-day break in custody is adequate time period to remove presumption of police coercion in interrogation of prisoner. |
Criminal Law and Procedure |
|
Feb. 24, 2010 | |
|
09-30146
|
U.S. v. Jennen
Search warrant based on informant's tip that included range of details rising above mere observed facts and conditions is valid and reliable. |
Criminal Law and Procedure |
|
Feb. 24, 2010 | |
|
G041201
|
People v. Benitez
Defendant is denied right to confrontation where court allowed crime laboratory supervisor to testify using another's analysis of suspected illegal substance. |
Criminal Law and Procedure |
|
Feb. 24, 2010 | |
|
05-99007
|
Robinson v. Schriro
By presenting both factual and legal grounds for claim to state court, petitioner is not barred from review in federal court. |
Criminal Law and Procedure |
|
Feb. 23, 2010 | |
|
B211975
|
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement. |
Criminal Law and Procedure |
|
Feb. 23, 2010 | |
|
08-1175
|
Florida v. Powell
'Miranda' rights read to defendant adequately inform him of his right to attorney prior to, and at all times throughout interrogation. |
Criminal Law and Procedure |
|
Feb. 23, 2010 | |
|
09-273
|
Thaler v. Haynes
In ruling on objection to peremptory challenge under 'Batson,' judge must not necessarily reject demeanor-based explanation if he did not personally observe juror. |
Criminal Law and Procedure |
|
Feb. 22, 2010 | |
|
08-16602
|
Harrison v. Gillespie
No manifest necessity to declare mistrial exists where court refused to poll jury to determine whether defendant had been acquitted of death penalty. |
Criminal Law and Procedure |
|
Feb. 22, 2010 | |
|
B211975
|
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement. |
Criminal Law and Procedure |
|
Feb. 22, 2010 | |
|
F056015
|
People v. Hernandez
When considered together, jury instructions for principle crime, and aiding and abetting do not require repetition of aider’s mental state requirement. |
Criminal Law and Procedure |
|
Feb. 21, 2010 | |
|
08-17236
|
Christian v. Frank
District court errs by granting defendant’s habeas petition when Hawaii Supreme Court reasonably applied clearly established federal law. |
Criminal Law and Procedure |
|
Feb. 21, 2010 | |
|
C062419
|
Burton v. Superior Court (People)
Defendant convicted and sentenced for murder can request discovery materials from trial court without attorney representation. |
Criminal Law and Procedure |
|
Feb. 21, 2010 | |
|
09-30066
|
U.S. v. Guerrero
Defendant does not establish prima facie case for discrimination in prosecutor’s peremptory strike where prosecutor did not recognize juror as minority. |
Criminal Law and Procedure |
|
Feb. 18, 2010 | |
|
08-30055
|
U.S. v. Edwards
District Court's sentence is reasonable based on totality of circumstances despite being outside of advisory Sentencing Guidelines range. |
Criminal Law and Procedure |
|
Feb. 17, 2010 | |
|
09-10064
|
U.S. v. Borowy
Objectively reasonable expectation of privacy in computer files shared with public does not exist despite defendant’s subjective intention to prohibit sharing. |
Criminal Law and Procedure |
|
Feb. 17, 2010 | |
|
08-30050
|
U.S. v. Norwood
Although error was ultimately harmless, affidavit proving alleged drug seller’s illegitimate income is testimonial and thus erroneously admitted into evidence. |
Criminal Law and Procedure |
|
Feb. 17, 2010 | |
|
F055868
|
People v. Beaty
Proposition 36 probation participant is not necessarily unamenable for treatment because he requires medicinal marijuana use. |
Criminal Law and Procedure |
|
Feb. 16, 2010 | |
|
A122412
|
People v. Ayala
Under natural and probable consequences doctrine, aider and abettor for planned gang attack is liable when perpetrator commits murder by firing gun. |
Criminal Law and Procedure |
|
Feb. 16, 2010 | |
|
B211602
|
People v. Lexington National Insurance Corp.
Defendant's custody in other jurisdiction constitutes 'temporary disability' requiring court to order tolling of period for vacating forfeiture and exonerating bail bond. |
Criminal Law and Procedure |
|
Feb. 16, 2010 | |
|
G041327
|
People v. Paz
Defendant who abandoned methamphetamine for fear of physical injury or arrest cannot claim transitory possession as defense to crime of possession. |
Criminal Law and Procedure |
|
Feb. 12, 2010 | |
|
E047192
|
People v. Reynolds
Counsel who concedes that client’s petition is frivolous does not provide ineffective assistance where dismissal is obviously inescapable. |
Criminal Law and Procedure |
|
Feb. 12, 2010 | |
|
S164796
|
People v. Soria
Although three cases were resolved jointly by plea bargain, defendant is still required to pay three separate restitution fines. |
Criminal Law and Procedure |
|
Feb. 12, 2010 |
