| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A117955
|
People v. Dyke
Conviction reversed for insufficient evidence that minor was exposed to television scenes constituting 'harmful matter' per Penal Code Section 288.2(a). |
Criminal Law and Procedure |
|
May 11, 2009 | |
|
C057099
|
People v. Mays
Incriminating statements made by defendant after taking fake polygraph test and seeing fake test results properly admitted into evidence. |
Criminal Law and Procedure |
|
May 10, 2009 | |
|
S116882
|
People v. Burgener
Request for self-representation for reconsideration of death sentence improperly granted where court fails to adequately inform of risks. |
Criminal Law and Procedure |
|
May 7, 2009 | |
|
08-50244
|
U.S. v. Osazuwa, Jr.
Line of questioning regarding facts underlying defendant's prior bank fraud conviction improperly admitted as impeachment evidence. |
Criminal Law and Procedure |
|
May 7, 2009 | |
|
D053176
|
G.G. Doe v. California Dept. of Justice
Equitable estoppel inapplicable where sex offenders made ineligible for exclusion from Megan's Law website due to retroactive amendment of statute. |
Criminal Law and Procedure |
|
May 7, 2009 | |
|
07-50432
|
U.S. v. Iribe
'Doctrine of specialty' not violated where Mexico grants extradition of defendant for 'related crimes' that did not carry life sentence. |
Criminal Law and Procedure |
|
May 6, 2009 | |
|
B205410
|
In re Masoner
Superior court's remedial order directing prisoner's release from custody violates separation of powers doctrine. |
Criminal Law and Procedure |
|
May 5, 2009 | |
|
06-55858
|
King v. Ryan
Stay-and-abeyance procedure in 'Kelly v. Small' available for 'mixed' habeas petition and does not require showing of good cause. |
Criminal Law and Procedure |
|
May 5, 2009 | |
|
D052887
|
People v. Torres
Conviction reversed for insufficient evidence to support finding that presence of methamphetamine in defendant's body impaired his driving ability. |
Criminal Law and Procedure |
|
May 5, 2009 | |
|
08-108
|
Flores-Figueroa v. U.S.
Federal statute for aggravated identity theft requires proof that perpetrator knew that numbers in identification cards belonged to another person. |
Criminal Law and Procedure |
|
May 4, 2009 | |
|
S099231
|
In re Bolden
Allegation that penalty phase juror was bias and committed misconduct for failure to disclose of relationship with murder victim fails. |
Criminal Law and Procedure |
|
May 4, 2009 | |
|
G040377
|
In re Nunez
Sentence of life imprisonment without parole imposed on 14 year-old defendant for non-homicide, no-injury offense deemed 'cruel and unusual'. |
Criminal Law and Procedure |
|
May 3, 2009 | |
|
B202469
|
County of Los Angeles v. Fairmont Specialty Group
Court will not vacate forfeiture or exonerate bail bond where extradition request is not feasible. |
Criminal Law and Procedure |
|
Apr. 30, 2009 | |
|
C058105
|
People v. Henning
Jury instruction deemed incorrect due to omission of false writing requirement although testimony corroborated allegation of theft by false pretenses. |
Criminal Law and Procedure |
|
Apr. 30, 2009 | |
|
C056491
|
People v. Watts
Trial court properly denies request for self-representation where defendant's conduct prior to trial showed his inability to follow courtroom protocol. |
Criminal Law and Procedure |
|
Apr. 30, 2009 | |
|
C057684
|
People v. Frazier
Sentence enhancement for 'personal' infliction of bodily injury is upheld where defendant commanded dogs to attack victim. |
Criminal Law and Procedure |
|
Apr. 30, 2009 | |
|
S160736
|
People v. Lawrence
Trial court did not abuse its discretion when it denied pro per defendant's request for counsel after jury had been sworn. |
Criminal Law and Procedure |
|
Apr. 30, 2009 | |
|
S157008
|
People v. Gaines
Where trial court erroneously denied motion for personnel records, reversal is appropriate only if disclosure would have caused different outcome. |
Criminal Law and Procedure |
|
Apr. 30, 2009 | |
|
08-50337
|
U.S. v. Godinez-Ortiz
District court has authority to order commitment of defendant under 18 U.S.C. Section 4246 to determine 'dangerousness.' |
Criminal Law and Procedure |
|
Apr. 29, 2009 | |
|
06-35635
|
Farmer v. Baldwin
District court errs in denying habeas review based on alleged default of Oregon procedural rules. |
Criminal Law and Procedure |
|
Apr. 29, 2009 | |
|
B199682
|
People v. Zanoletti
Multiple convictions are appropriate where married couple is charged with operating insurance fraud mill. |
Criminal Law and Procedure |
|
Apr. 29, 2009 | |
|
G040133
|
People v. Magallanes
Penal Code Section 496 forbids conviction for both receipt and theft of same stolen property in carjacking. |
Criminal Law and Procedure |
|
Apr. 29, 2009 | |
|
08-5274
|
Dean v. U.S.
Under 18 U.S.C. Section 924, 10-year mandatory minimum applies if gun is discharged during violent crime, whether intentionally or accidentally. |
Criminal Law and Procedure |
|
Apr. 29, 2009 | |
|
07-1356
|
Kansas v. Ventris
Defendant's statement to informant is admissible to impeach contradictory trial testimony where statement was elicited in violation of Sixth Amendment. |
Criminal Law and Procedure |
|
Apr. 29, 2009 | |
|
07-1114
|
Cone v. Bell
Defendant properly preserves 'Brady' claim in state court where federal court erred by barring claim as twice presented to state court. |
Criminal Law and Procedure |
|
Apr. 28, 2009 | |
|
S159133
|
People v. Bonnetta
Statutory requirement for trial court to explain reasons for dismissing enhancements in order entered upon minutes is mandatory. |
Criminal Law and Procedure |
|
Apr. 27, 2009 | |
|
07-10347
|
U.S. v. Easterday
Conviction for willful failure to pay employee payroll taxes to IRS stands regardless of defendant's inability to pay. |
Criminal Law and Procedure |
|
Apr. 27, 2009 | |
|
G040679
|
Lopez v. Superior Court (The People of the State of California)
Mentally disordered offender may not request hearing on original certification where he raised challenge during recommitment stage. |
Criminal Law and Procedure |
|
Apr. 26, 2009 | |
|
08-30173
|
U.S. v. Crowe
Jury instruction on involuntary manslaughter as lesser included offense is proper where defendant claimed killing was intentional act of self-defense. |
Criminal Law and Procedure |
|
Apr. 26, 2009 | |
|
D052722
|
People v. Coon
Faxed copies of court documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity. |
Criminal Law and Procedure |
|
Apr. 26, 2009 |
