| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C057665
|
People v. Nichols
Sex offender convicted of failure to register within five days of moving is properly sentenced pursuant to "Three Strikes" law. |
Criminal Law and Procedure |
|
Aug. 6, 2009 | |
|
08-50503
|
U.S. v. Garcia-Villegas
Conviction for illegal entry affirmed where defendant's admissions are sufficiently corroborated by independent witness testimony. |
Criminal Law and Procedure |
|
Aug. 5, 2009 | |
|
B213114
|
People v. Perez
Probation condition prohibiting defendant from being within 500 feet of any court is overbroad. |
Criminal Law and Procedure |
|
Aug. 5, 2009 | |
|
E046128
|
People v. Black
Court may consider defendant's performance between original grant and previous reinstatement of probation to decide whether prison sentence is appropriate. |
Criminal Law and Procedure |
|
Aug. 4, 2009 | |
|
A121336
|
People v. Thorn
Apartment building carport is functionally interconnected and immediately contiguous to inhabited dwelling for felony burglary purposes. |
Criminal Law and Procedure |
|
Aug. 4, 2009 | |
|
A121696
|
People v. Conerly
Upholding prosecutor's 'package deal' is not abuse of discretion where terms were not coercive and prevented manipulation of system by co-defendants. |
Criminal Law and Procedure |
|
Aug. 4, 2009 | |
|
07-50210
|
U.S. v. Benford
Pre-trial status conference merely confirming trial date is not 'critical stage' to establish per se ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Aug. 4, 2009 | |
|
08-50058
|
U.S. v. Mincoff
Drug conspiracy conviction is supported by sufficient evidence where defendant attempted to purchase drugs but failed to close transaction. |
Criminal Law and Procedure |
|
Aug. 3, 2009 | |
|
B210705
|
People v. Castellanos
Courts must impose six additional penalties where defendant is required to pay Penal Code Section 1202.5(a)'s $10 fine for theft related conviction. |
Criminal Law and Procedure |
|
Jul. 31, 2009 | |
|
B212061
|
People v. Hirata
Warrant lacks probable cause where supporting affidavit contained stale information due to 82-day delay between alleged drug transaction and search. |
Criminal Law and Procedure |
|
Jul. 30, 2009 | |
|
04-15713
|
Moore v. Czerniak
Defendant prevails on ineffective assistance claim where counsel failed to file motion to suppress involuntary confession. |
Criminal Law and Procedure |
|
Jul. 29, 2009 | |
|
C059314
|
People v. Brown
Motion to withdraw guilty plea properly denied where appointed counsel concluded that there was no good cause to warrant withdrawal. |
Criminal Law and Procedure |
|
Jul. 29, 2009 | |
|
S043628
|
People v. Carrington
Murder confession is voluntary where offer to explain defendant's situation to best of ability was not promise of leniency. |
Criminal Law and Procedure |
|
Jul. 28, 2009 | |
|
08-30199
|
U.S. v. Leniear
Sentence involving crack cocaine offense cannot be reduced where multi-count grouping provision precluded subsequent lowering of guideline sentencing range. |
Criminal Law and Procedure |
|
Jul. 28, 2009 | |
|
AM 09-08
|
People v. Brooks
Imposition of assessment enacted in 2009 against misdemeanor convictions arising from 2008 incident is not violation of ex post facto law. |
Criminal Law and Procedure |
|
Jul. 28, 2009 | |
|
D054757
|
People v. Buskirk
Right to counsel is not violated where defendant invoked right anticipatorily rather than in response to custodial interrogation. |
Criminal Law and Procedure |
|
Jul. 27, 2009 | |
|
06-10465
|
U.S. v. Nobari
Testimony about defendants' ethnicity was improper but error is harmless in light of overwhelming evidence of guilt. |
Criminal Law and Procedure |
|
Jul. 27, 2009 | |
|
08-10370
|
U.S. v. Harris
Robbery conviction categorically qualifies as crime of violence for purposes of career offender sentencing enhancement. |
Criminal Law and Procedure |
|
Jul. 27, 2009 | |
|
S152695
|
People v. Anderson
Double jeopardy does not bar retrial of sentencing allegation where jury convicts on substantive crime only. |
Criminal Law and Procedure |
|
Jul. 24, 2009 | |
|
08-50114
|
U.S. v. Guzman-Padilla
Use of tire deflation device by border control agent against suspected smuggler does not transform investigative stop into arrest. |
Criminal Law and Procedure |
|
Jul. 24, 2009 | |
|
07-56153
|
Kessee v. Mendoza-Powers
Habeas relief denied where state court's finding that crime committed while on probation amounted to 'prior conviction' is reasonable. |
Criminal Law and Procedure |
|
Jul. 23, 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 |
|
Jul. 23, 2009 | |
|
07-10567
|
U.S. v. Payton
Evidence found in computer is suppressed where search exceeded scope of warrant. |
Criminal Law and Procedure |
|
Jul. 22, 2009 | |
|
E046579
|
People v. Martin
Consideration of facts underlying dismissed domestic violence charge is proper for probation purposes. |
Criminal Law and Procedure |
|
Jul. 21, 2009 | |
|
B209550
|
Vigilant Insurance Co. v. Chiu
Restitution order does not preclude victim's assignee from pursuing separate civil action based on criminal conviction. |
Criminal Law and Procedure |
|
Jul. 21, 2009 | |
|
S027264
|
People v. Friend
No prosecutorial misconduct committed where prosecutor laughed during defendant's direct examination and made disparaging remarks. |
Criminal Law and Procedure |
|
Jul. 21, 2009 | |
|
08-55699
|
Vasquez v. Kirkland
Murder conviction affirmed where defendant was afforded opportunity to cross-examine deaf witness. |
Criminal Law and Procedure |
|
Jul. 21, 2009 | |
|
07-15102
|
Hopkins v. Bonvicino
Warrantless entry into home not justified where officers concluded smell of alcohol on suspect's breath was indicative of diabetic coma. |
Criminal Law and Procedure |
|
Jul. 20, 2009 | |
|
E045149
|
People v. Cantrell
Court remedies unauthorized sentence where sentence for second count deemed consecutive to that of principal count. |
Criminal Law and Procedure |
|
Jul. 20, 2009 | |
|
07-50391
|
U.S. v. Noster
Search and seizure of truck lawful where probable cause existed showing defendant had fraudulently obtained vehicle and failed to make payments. |
Criminal Law and Procedure |
|
Jul. 17, 2009 |
