| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C059218
|
People v. Williams
Defendant is entitled to claim of right defense jury instruction where he was charged with aiding and abetting burglary. |
Criminal Law and Procedure |
|
Aug. 27, 2009 | |
|
08-30339
|
U.S. v. George
Federal statute requiring sex offender registration effective on date of enactment, not upon date of state implementation. |
Criminal Law and Procedure |
|
Aug. 26, 2009 | |
|
C058800
|
People v. Hovda
Instruction properly conveys 'conscious indifference' by stating that gross negligence occurs if reasonable person would know that act created risk of death. |
Criminal Law and Procedure |
|
Aug. 26, 2009 | |
|
C055923
|
People v. Dungo
Defendant entitled to cross-examine coroner who prepared autopsy report where expert witness relied on report to form opinion. |
Criminal Law and Procedure |
|
Aug. 26, 2009 | |
|
B209219
|
People v. Thrasher
Planning commission member does not commit perjury by failing to disclose promissory note for payment of past due rent. |
Criminal Law and Procedure |
|
Aug. 25, 2009 | |
|
S157980
|
People v. Moye
Trial court properly refuses to instruct on heat of passion voluntary manslaughter for lack of sufficient evidence. |
Criminal Law and Procedure |
|
Aug. 25, 2009 | |
|
07-30098
|
U.S. v. Gonzalez
Evidence from warrantless vehicle search incident to passenger's arrest is suppressed where defendant was inside patrol vehicle when search occurred. |
Criminal Law and Procedure |
|
Aug. 25, 2009 | |
|
08-10174
|
U.S. v. Rivera-Ramos
Prior attempted robbery conviction in New York qualifies as 'crime of violence' for purposes of upward adjustment when calculating sentencing guidelines range. |
Criminal Law and Procedure |
|
Aug. 24, 2009 | |
|
08-10078
|
U.S. v. Saavedra-Velazquez
Felony attempted robbery conviction in California qualifies as 'crime of violence' for purposes of including upward adjustment in sentence. |
Criminal Law and Procedure |
|
Aug. 24, 2009 | |
|
06-10512
|
U.S. v. Brandau
Evidentiary hearing is required to determine mootness of policy calling for full shackling of defendant at initial appearance. |
Criminal Law and Procedure |
|
Aug. 24, 2009 | |
|
F054954
|
People v. Moberly
Court may use same set of facts to impose aggravated sentence for manslaughter and accompanying firearm enhancement. |
Criminal Law and Procedure |
|
Aug. 21, 2009 | |
|
B204561
|
People v. Flores
Admission of defendant's prior domestic violence convictions during murder trial does not violate prohibition of ex post facto laws. |
Criminal Law and Procedure |
|
Aug. 21, 2009 | |
|
S159497
|
People v. Rodriguez
Defendant's sentence is reversed where two firearm enhancements were applied to commission of single offense. |
Criminal Law and Procedure |
|
Aug. 21, 2009 | |
|
C059722
|
People v. Turrin
Defendant's motion to modify restitution amount dismissed where trial court lacked jurisdiction. |
Criminal Law and Procedure |
|
Aug. 21, 2009 | |
|
B209568
|
People v. Rutterschmidt
Admission of scientific expert's testimony as to toxicology results contained in reports does not violate Confrontation Clause. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
D054743
|
People v. Hochanadel
Valid search warrant issued for medical marijuana dispensary where sufficient facts of illegal activity establishes probable cause. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
H032881
|
People v. Guerra
Trial court errs by requesting jury to reconsider findings on enhancement allegations where verdict was inconsistent. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
A122583
|
In re Preston
Sentence enhancements based on prior prison terms are proper where defendant failed to remain free from custody due to parole violations. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
A120500
|
People v. Wallace
Sex offender's conviction for failure to update registration is overturned where prosecution could not prove that defendant remained in California. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
G039967
|
People v. Adams
Jury instructions do not conflict where court stated that self-defense was warranted if citizen used excessive force during citizen's arrest. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
08-10391
|
U.S. v. Harrison
Defendant fails to show prejudice resulting from prosecutor's improper questioning during cross-examination and vouching during closing argument. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
S154847
|
People v. Nguyen
Juvenile adjudication can be used to enhance adult sentence despite lack of right to jury trial in juvenile proceedings. |
Criminal Law and Procedure |
|
Aug. 20, 2009 | |
|
F055859
|
People v. Flores
Battery by prisoner on nonprisoner is necessarily included offense of battery by gassing. |
Criminal Law and Procedure |
|
Aug. 19, 2009 | |
|
07-35389
|
U.S. v. Lopez
Court denies authorization to file 'second or successive' habeas petition raising new <EM>Brady</EM> violation claim. |
Criminal Law and Procedure |
|
Aug. 19, 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 |
|
Aug. 19, 2009 | |
|
08-15459
|
Matylinsky v. Budge
Deficient trial strategy claim fails where counsel's decision to pursue intoxication defense for murder charge was reasonable. |
Criminal Law and Procedure |
|
Aug. 19, 2009 | |
|
08-30271
|
U.S. v. Hector
Court must exercise discretion in determining which conviction to vacate where defendant's convictions violated Double Jeopardy Clause. |
Criminal Law and Procedure |
|
Aug. 19, 2009 | |
|
08-50135
|
U.S. v. Alba-Flores
Reduction of misdemeanor conviction to 'infraction nunc pro tunc' is not expungement for sentencing purposes. |
Criminal Law and Procedure |
|
Aug. 19, 2009 | |
|
E047167
|
People v. Wagner
Trial court properly dismisses criminal case based on courtroom unavailability after refusing to interrupt ongoing civil hearing. |
Criminal Law and Procedure |
|
Aug. 18, 2009 | |
|
08-30198
|
U.S. v. Thongsy
Defendant convicted of possessing firearm in furtherance of felony where firearm was found near him in tent located on marijuana farm. |
Criminal Law and Procedure |
|
Aug. 18, 2009 |
