| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-30475
|
U.S. v. Mahan
Defendant who accepts firearms in exchange for drugs possesses those firearms 'in furtherance' of drug trafficking offense. |
Criminal Law and Procedure |
|
Nov. 16, 2009 | |
|
H032734
|
People v. Pakes
Pursuing police officer is not required to be behind suspect's vehicle for purposes of defendant's conviction for evading police officer. |
Criminal Law and Procedure |
|
Nov. 15, 2009 | |
|
S163811
|
People v. Concha
Under provocative murder doctrine, defendant is only liable for first-degree murder if he personally acted with premeditation before intended victim killed accomplice. |
Criminal Law and Procedure |
|
Nov. 12, 2009 | |
|
S176965
|
Birotte v. Superior Court (People)
Order |
Criminal Law and Procedure |
|
Nov. 11, 2009 | |
|
S176171
|
Kling v. Superior Court (People)
Order |
Criminal Law and Procedure |
|
Nov. 11, 2009 | |
|
08-30431
|
U.S. v. Ambriz-Ambriz
Previously deported alien is still legally within U.S. when border patrol apprehended him after his unsuccessful attempt to enter Canada from U.S. |
Criminal Law and Procedure |
|
Nov. 10, 2009 | |
|
C058521
|
People v. Munoz
Enhancement of 25 years to life is not subject to one-third term reduction where trial court imposed indeterminate sentence. |
Criminal Law and Procedure |
|
Nov. 10, 2009 | |
|
E045468
|
People v. Cohens
Sex offender’s liability for willful failure to register requires proof of his actual knowledge that he was required to register particular residence. |
Criminal Law and Procedure |
|
Nov. 10, 2009 | |
|
G040720
|
People v. American Surety Insurance Co.
Trial court loses jurisdiction to forfeit bail when case was not called at arraignment and later date was not validly set. |
Criminal Law and Procedure |
|
Nov. 10, 2009 | |
|
09-144
|
Bobby v. Van Hook
Defense counsel’s performance is subject to then-prevailing norms and may not be subject to rigid application of later promulgated restatements. |
Criminal Law and Procedure |
|
Nov. 9, 2009 | |
|
F056686
|
People v. Santiago
Instruction, which advises a verdict if possible but directs independent weighing of case, is not coercive, Allen-type instruction and is therefore permissible. |
Criminal Law and Procedure |
|
Nov. 9, 2009 | |
|
08-30088
|
U.S. v. Ruckes
Although trooper’s automobile search was outside scope of valid search-incident-to-arrest, evidence is admissible as inevitable discovery. |
Criminal Law and Procedure |
|
Nov. 9, 2009 | |
|
H031992
|
People v. Hernandez
Gag order, prohibiting counsel from discussing contents of key witness's declaration with defendant, is a denial of effective assistance of counsel. |
Criminal Law and Procedure |
|
Nov. 9, 2009 | |
|
A122920
|
Gardner v. Schwarzenegger
Bill allowing incarceration of drug offenders is invalid where proposition passed by voters prohibits incarceration for those offenses. |
Criminal Law and Procedure |
|
Nov. 8, 2009 | |
|
B212253
|
People v. Lyons
Incarcerated appellant is only entitled to hearing of untimely appeal if he diligently attempted to timely file and prison officials caused delay. |
Criminal Law and Procedure |
|
Nov. 8, 2009 | |
|
A122964
|
In re Cerny
Parole board's decision to deny parole is supported by evidence that inmate could revert to drug use if released without verifiable plans. |
Criminal Law and Procedure |
|
Nov. 5, 2009 | |
|
S158852
|
People v. Stevens
Stationing of deputy at witness stand while defendant testifies is not inherently prejudicial such that showing of manifest need is not required. |
Criminal Law and Procedure |
|
Nov. 5, 2009 | |
|
05-30303
|
U.S. v. Hinkson
Trial court does not abuse discretion by denying new trial where it applied correct legal standards and its findings were plausible. |
Criminal Law and Procedure |
|
Nov. 5, 2009 | |
|
08-10047
|
U.S. v. Reyes
Chief executive officer's conviction for backdating is reversed where prosecutor made false assertion of fact in closing argument. |
Criminal Law and Procedure |
|
Nov. 5, 2009 | |
|
07-50546
|
U.S. v. Liera
Statements made prior to arraignment and more than six hours after detention are inadmissible where interrogation was sole cause for delay. |
Criminal Law and Procedure |
|
Nov. 4, 2009 | |
|
B208413
|
People v. Gonzalez
Trial court can only impose greatest of multiple enhancements for infliction of great bodily injury. |
Criminal Law and Procedure |
|
Nov. 4, 2009 | |
|
C058883
|
People v. Katzenberger
Prosecutor's use of unfinished Statue of Liberty puzzle to demonstrate reasonable doubt standard constitutes prosecutorial misconduct. |
Criminal Law and Procedure |
|
Nov. 3, 2009 | |
|
G038778
|
People v. Reyes
Suppression motion fails where defendant does not have reasonable expectation of privacy in exterior of mail in area accessible to others. |
Criminal Law and Procedure |
|
Nov. 2, 2009 | |
|
05-30506
|
U.S. v. Garcia-Villalba
Affidavit supporting wiretap application, which described how alternative efforts would be unsuccessful in case-specific terms, sufficiently demonstrates necessity. |
Criminal Law and Procedure |
|
Nov. 2, 2009 | |
|
H031174
|
People v. Leal
Handgun discovered during unreasonable search is suppressed where arrestee was handcuffed and confined in police car. |
Criminal Law and Procedure |
|
Nov. 1, 2009 | |
|
07-56107
|
Gonzalez v. Brown
Jury selection is not discriminatory although prosecutor could not recall reason for exercising peremptory strike to remove African-American potential juror. |
Criminal Law and Procedure |
|
Nov. 1, 2009 | |
|
08-50124
|
U.S. v. Moriel-Luna
Immigration judge’s failure to inform alien of possible relief does not result in prejudice where alien did not have visa readily available. |
Criminal Law and Procedure |
|
Oct. 29, 2009 | |
|
B209614
|
People v. Medlin
Defendant acquitted of dependent adult abuse is not entitled to factual innocence finding if reasonable cause existed to believe he was negligent. |
Criminal Law and Procedure |
|
Oct. 29, 2009 | |
|
C054250
|
People v. Tuggles
Trial court may deny motion for jury contact information while maintaining discretion to subpoena jury for misconduct inquiries. |
Criminal Law and Procedure |
|
Oct. 29, 2009 | |
|
E045100
|
People v. Jones
Trial court properly imposes upper term on current offense where prior arson conviction triggered enhancements and doubled base term. |
Criminal Law and Procedure |
|
Oct. 28, 2009 |
