| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B209903
|
People v. Galan
Proposed factual scenario must be consistent with defendant's own statements to show good cause for granting of ‘Pitchess’ motion. |
Criminal Law and Procedure |
|
Oct. 7, 2009 | |
|
07-99000
|
Jones v. Ryan
Capital defense attorney's reliance on court-appointed psychiatrist's limited evaluation and neglect of additional mitigating psychiatric evidence constitutes ineffective assistance. |
Criminal Law and Procedure |
|
Oct. 6, 2009 | |
|
07-99024
|
Libberton v. Ryan
Counsel's failure to present mitigating evidence during penalty phase prejudices defendant although evidence did not directly undermine aggravating evidence. |
Criminal Law and Procedure |
|
Oct. 6, 2009 | |
|
07-50191
|
U.S. v. Estrada-Eliverio
Under Federal Rule of Civil Procedure 44, official records proving prior deportation may be authenticated according to Federal Rules of Evidence. |
Criminal Law and Procedure |
|
Oct. 6, 2009 | |
|
B209075
|
People v. Gordon
Acquitted defendant may not also be convicted of firearm possession in connection with murder if sole issue in murder case was identity. |
Criminal Law and Procedure |
|
Oct. 5, 2009 | |
|
A123269
|
People v. Thompson
Mandatory registration for sodomy conviction violates equal protection where disparate treatment of sodomy and intercourse is not rationally based. |
Criminal Law and Procedure |
|
Oct. 1, 2009 | |
|
A118208
|
People v. Smith
One who takes by fear or force from possessor who is not property’s owner still commits robbery despite owner’s consent. |
Criminal Law and Procedure |
|
Oct. 1, 2009 | |
|
G036560
|
People v. Tran
Street terrorism conviction based on murder or attempted murder improper where defendant intended to benefit his gang in both acts. |
Criminal Law and Procedure |
|
Oct. 1, 2009 | |
|
B204571
|
People v. Strider
Evidence from search based on reasonable suspicion of firearm in public place must be suppressed if location is not considered public place. |
Criminal Law and Procedure |
|
Sep. 30, 2009 | |
|
F056089
|
People v. Contreras
Speedy trial right is not violated where defendant caused delay by using pseudonyms and admitted to violating his probation. |
Criminal Law and Procedure |
|
Sep. 25, 2009 | |
|
08-50417
|
U.S. v. Samueli
Collateral-order doctrine does not allow interlocutory appeal of order rejecting plea agreement prior to termination of litigation. |
Criminal Law and Procedure |
|
Sep. 25, 2009 | |
|
08-10300
|
U.S. v. Sipai
Retroactive lowering of applicable sentencing guidelines range does not apply to felon whose sentence was lowered by court discretion. |
Criminal Law and Procedure |
|
Sep. 25, 2009 | |
|
B212593
|
People v. Benhoor
After trial by written declaration, court's violation for setting new trial beyond 45 days after filing does not require dismissal of action. |
Criminal Law and Procedure |
|
Sep. 25, 2009 | |
|
F055430
|
People v. Hernandez
Release of defendant without signed agreement is not release on own recognizance such that enhancement for failure to appear does not apply. |
Criminal Law and Procedure |
|
Sep. 24, 2009 | |
|
08-10385
|
U.S. v. Watson
Condition on supervised release that barred defendant from entering city without probation officer's prior approval is not unlawful. |
Criminal Law and Procedure |
|
Sep. 24, 2009 | |
|
08-10221
|
U.S. v. Bragg
Trial court commits procedural error and must reform judgment by providing unsatisfactory explanation of its sentence. |
Criminal Law and Procedure |
|
Sep. 24, 2009 | |
|
C060618
|
People v. Moore
Burglary victim's loss of wages due to voluntary trial attendance is properly included in restitution order. |
Criminal Law and Procedure |
|
Sep. 24, 2009 | |
|
G041511
|
Lee v. Superior Court (People)
Subpoenas are ineffective due to failure to sufficiently state materiality of requested documents in relation to Sexually Violent Predator Act proceedings. |
Criminal Law and Procedure |
|
Sep. 23, 2009 | |
|
08-50403
|
U.S. v. Lemus
Warrantless search of living room is proper where search incident to arrest occurred while defendant was partially within home. |
Criminal Law and Procedure |
|
Sep. 23, 2009 | |
|
07-50387
|
U.S. v. Grajeda
Prior conviction for assault with deadly weapon or by means likely to produce great bodily injury constitutes crime of violence. |
Criminal Law and Procedure |
|
Sep. 22, 2009 | |
|
08-15265
|
Chioino v. Kernan
District court errs in reducing petitioner's sentence to middle term instead of remanding to state trial court for resentencing. |
Criminal Law and Procedure |
|
Sep. 22, 2009 | |
|
06-99008
|
Hamilton v. Ayers
Counsel is ineffective at penalty phase for failing to investigate available mitigating evidence regarding defendant's horrific childhood and mental issues. |
Criminal Law and Procedure |
|
Sep. 21, 2009 | |
|
08-50126
|
U.S. v. Contreras
Application of sentence enhancement for abuse of position of trust requires defendant to have professional or managerial discretion. |
Criminal Law and Procedure |
|
Sep. 18, 2009 | |
|
H033111
|
Garcia v. Superior Court (People)
Trial court may not reopen preliminary hearing to establish crime’s commission where revised testimony, which showed illegality of conduct, was not minor. |
Criminal Law and Procedure |
|
Sep. 18, 2009 | |
|
07-16762
|
U.S. v. Montalvo
Sentence is not corrected under former Federal Rule of Criminal Procedure 35(a) where defendant attacked alleged illegalities in sentencing process. |
Criminal Law and Procedure |
|
Sep. 17, 2009 | |
|
C058588
|
People v. Goodliffe
Imposition of separate term on defendant convicted of committing lewd act upon child is improper where crimes did not involve same victim. |
Criminal Law and Procedure |
|
Sep. 16, 2009 | |
|
08-10298
|
U.S. v. Chaney
District court properly declines to consider sentence that would have been imposed if reduced range for crack offenses had applied at sentencing. |
Criminal Law and Procedure |
|
Sep. 16, 2009 | |
|
08-56085
|
Zepeda v. Walker
Under Antiterrorism and Effective Death Penalty Act, statute of limitations period does not toll until state petition is 'properly filed.' |
Criminal Law and Procedure |
|
Sep. 14, 2009 | |
|
08-30094
|
U.S. v. Johnson
Government's decision not to move for additional sentence reduction is rationally based on anticipated expense of defending appeal. |
Criminal Law and Procedure |
|
Sep. 14, 2009 | |
|
07-99005
|
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts. |
Criminal Law and Procedure |
|
Sep. 14, 2009 |
