| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E042303
|
People v. Waldie
Harmless error where prosecutor allowed to comment on defendant's failure to return numerous calls by police prior to arrest. |
Criminal Law and Procedure |
|
Apr. 26, 2009 | |
|
H030031
|
In re Dannenberg
Governor's denial of parole not justified by heinous nature of commitment offense where no evidence showed that parolee was currently dangerous. |
Criminal Law and Procedure |
|
Apr. 23, 2009 | |
|
08-30044
|
U.S. v. Mendez-Sanchez
Defendant fails to unequivocally invoke his right to self-representation after numerous counsel substitutions. |
Criminal Law and Procedure |
|
Apr. 23, 2009 | |
|
07-10472
|
U.S. v. Mejia-Luna
Admission of expert testimony about alien smuggling ring operations and characteristics proper. |
Criminal Law and Procedure |
|
Apr. 23, 2009 | |
|
S162675
|
People v. Stone
Attempted murder may be found where defendant shoots at group of people with intent to kill a person and not specific victim. |
Criminal Law and Procedure |
|
Apr. 23, 2009 | |
|
S064769
|
People v. Hawthorne
Death sentence is upheld where defendant challenged admission of 911 tape containing victim's screams. |
Criminal Law and Procedure |
|
Apr. 23, 2009 | |
|
B204778
|
County of Los Angeles v. Fairmont Specialty Group
Bond forfeiture vacated where defendant is arrested within Section 1305(c)(2)'s 180 day period for different offense. |
Criminal Law and Procedure |
|
Apr. 22, 2009 | |
|
A119028
|
People v. Bermudez
Section 851.8 petition for seal and destruction of arrest record barred by two-year limitations period. |
Criminal Law and Procedure |
|
Apr. 21, 2009 | |
|
07-542
|
Arizona v. Gant
Where defendant is arrested for driving with suspended license and already secured in police car, vehicle search incident to arrest not valid. |
Criminal Law and Procedure |
|
Apr. 21, 2009 | |
|
07-15712
|
Townsend v. Knowles
Equitable tolling is justified where federal habeas petition would have been untimely due to intervening change in law. |
Criminal Law and Procedure |
|
Apr. 21, 2009 | |
|
B204858
|
People v. Felix
Shooter had requisite mental state for attempted premeditated murder when he shot into an inhabited dwelling after making death threats. |
Criminal Law and Procedure |
|
Apr. 20, 2009 | |
|
B205512
|
People v. Samaniego
Jury instruction on aiding and abetting in context of premeditated first degree murder deemed harmless error. |
Criminal Law and Procedure |
|
Apr. 20, 2009 | |
|
08-30040
|
U.S. v. Brown
Where co-occupant voluntarily consents to warrantless search, later inquiry of legitimately arrested co-occupant isolated in police car not required. |
Criminal Law and Procedure |
|
Apr. 20, 2009 | |
|
C059288
|
People v. Branner
Evidence found during vehicle search after custodial arrest arising from valid traffic violation may not be suppressed on Fourth Amendment grounds. |
Criminal Law and Procedure |
|
Apr. 20, 2009 | |
|
08-55459
|
McKnight v. Torres
'Direct use immunity' agreement not violated by disclosure of investigation report to French authorities where express terms were clear and unambiguous. |
Criminal Law and Procedure |
|
Apr. 20, 2009 | |
|
H032680
|
In re Criscione
Determination of unsuitability for parole is improper where Board of Parole Hearings failed to articulate nexus between factual findings and final decision. |
Criminal Law and Procedure |
|
Apr. 19, 2009 | |
|
A120636
|
People v. Lewis
For purposes of government information privilege, surveillance location is not material where officer's testimony was sufficiently corroborated by independent evidence. |
Criminal Law and Procedure |
|
Apr. 15, 2009 | |
|
07-50173
|
U.S. v. Felix
Court's reliance on computer printout in calculating criminal history points is proper. |
Criminal Law and Procedure |
|
Apr. 14, 2009 | |
|
06-10592
|
U.S. v. Lazarenko
Convictions of Ukrainian official for charges related to extortion are upheld where indictment was sufficient. |
Criminal Law and Procedure |
|
Apr. 13, 2009 | |
|
D052192
|
People v. O'Shell
Court committed harmless error by excluding testimony that another felony conviction would be defendant's third strike, subjecting him to life sentence. |
Criminal Law and Procedure |
|
Apr. 10, 2009 | |
|
G041316
|
People v. Pearl
Prosecution fails to meet burden of establishing that defendant was on parole when police conducted warrantless searches. |
Criminal Law and Procedure |
|
Apr. 10, 2009 | |
|
S161044
|
People v. Story
Trial court did not commit error by admitting evidence of prior sexual assaults in relation to felony murder with rape charge. |
Criminal Law and Procedure |
|
Apr. 10, 2009 | |
|
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 |
|
Apr. 10, 2009 | |
|
A120331
|
People v. Smith
Constitutional standards met where search of parolee's underwear was conducted in area with little public exposure. |
Criminal Law and Procedure |
|
Apr. 10, 2009 | |
|
B209837
|
People v. Valenzuela
Imposition of $300 fine under Penal Code Section 290.3 is improper where defendant committed offense prior to fine increase. |
Criminal Law and Procedure |
|
Apr. 9, 2009 | |
|
H032842
|
In re Lazor
Reconsideration of parole suitability ordered where circumstances of crime and prior disciplinary history are sole factors presented in decision to deny parole. |
Criminal Law and Procedure |
|
Apr. 9, 2009 | |
|
B205512
|
People v. Samaniego
Jury instruction on aiding and abetting in context of premeditated first degree murder deemed harmless error. |
Criminal Law and Procedure |
|
Apr. 8, 2009 | |
|
07-10441
|
Corley v. U.S.
Court errs in refusing to exclude confession where defendant was presented to magistrate judge 29.5 hours following arrest. |
Criminal Law and Procedure |
|
Apr. 7, 2009 | |
|
A120628
|
People v. Dawson
Defendant must answer charges where court finds that death due to jump off of reversing boat was foreseeable harm. |
Criminal Law and Procedure |
|
Apr. 6, 2009 | |
|
07-30411
|
U.S. v. Rollness
Murder conviction under Violent Crime in Aid of Racketeering statute carries life imprisonment as statutory minimum sentence rather than simple fine. |
Criminal Law and Procedure |
|
Apr. 3, 2009 |
