| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-6984
|
Jimenez v. Quarterman
In case involving Antiterrorism and Effective Death Penalty Act of 1996, court of appeal's denial of certificate of appealability is reversed. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
B209638
|
In re Gaul
Board's denial of parole is unsupported by evidence that parolee poses unreasonable risk to society. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
07-513
|
Herring v. U.S.
Exclusionary rule does not apply when police mistakes leading to unlawful search are result of isolated negligence attenuated from search. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
07-901
|
Oregon v. Ice
State statute allowing judge to impose consecutive, rather than concurrent, sentences does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
A118186
|
People v. Harbert
Conviction for violating Vehicle Code Section 20001 is proper where there was abundant evidence that driver hit human being. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
C056038
|
People v. Stanphill
Victim's hearsay statement identifying defendant's photograph as being his assailant is admissible as spontaneous statement. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
06-11206
|
Chambers v. U.S.
Failure to report for penal confinement falls outside scope of ACCA's 'violent felony' definition. |
Criminal Law and Procedure |
|
Jan. 13, 2009 | |
|
06-50387
|
U.S. v. McCaleb
Court has authority to clarify ambiguous verdict finding defendant guilty of greater and lesser-included offense. |
Criminal Law and Procedure |
|
Jan. 13, 2009 | |
|
A117286
|
People v. Cabonce
Application of insanity defense is question of fact for jurors when intoxication is primary cause of mental disease or defect. |
Criminal Law and Procedure |
|
Jan. 12, 2009 | |
|
06-50578
|
U.S. v. Awad
Despite omission of word "willfully," indictment is sufficient to infer defendant purposely committed health care fraud. |
Criminal Law and Procedure |
|
Jan. 12, 2009 | |
|
C055368
|
Tecklenburg v. Superior Court (People)
Awareness of 'temporary Internet files' is not needed to show knowing possession and control of computer-generated images of child pornography. |
Criminal Law and Procedure |
|
Jan. 11, 2009 | |
|
F054686
|
People v. Bowers
Sole psychiatric evaluation is sufficient evidence to support court's finding of substantial danger to others. |
Criminal Law and Procedure |
|
Jan. 11, 2009 | |
|
B208923
|
Galindo v. Superior Court (City of Los Angeles Police Dept.)
Defendant may not seek 'Pitchess' discovery of police officers' personnel files for use in preliminary hearing. |
Criminal Law and Procedure |
|
Jan. 9, 2009 | |
|
A115717
|
People v. Felix
Defendant's SVP status at time of trial does not require proof of recent overt act while offender was in custody. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
06-50339
|
U.S. v. Collins
Pattern of striking panel members from cognizable racial group is not required to demonstrate discriminatory intent for 'Batson' violation. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
07-30452
|
U.S. v. Heller
Directing another to download and store child pornography for mutual viewing is sufficient evidence for conviction. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
08-50010
|
U.S. v. Gonzalez-Zotelo
District court errs by imposing lower sentence based on unwarranted sentencing disparity between fast-track and non-fast-track defendants. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
B192743
|
People v. Crabtree
Attempted child molestation convictions are reversed where not prosecuted within one-year limitations period. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
C054634
|
In re Singler
Denial of parole is overturned where 'some evidence' cannot be shown to demonstrate 'current dangerousness.' |
Criminal Law and Procedure |
|
Jan. 7, 2009 | |
|
S054489
|
People v. Doolin
Counsel's failure to interview penalty phase witnesses does not amount to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jan. 6, 2009 | |
|
F053355
|
People v. Adams
Knowledge of presence of victims within 'kill-zone' is not required for attempted murder on concurrent intent theory. |
Criminal Law and Procedure |
|
Jan. 2, 2009 | |
|
A116899
|
People v. Bradford
Defendant's confession must be suppressed where officers omitted one of four required 'Miranda' warnings. |
Criminal Law and Procedure |
|
Dec. 31, 2008 | |
|
06-56523
|
Gonzalez v. Duncan
Sentence of 28 years to life for failure to update sex offender registration violates Eighth Amendment as being grossly disproportionate to offense. |
Criminal Law and Procedure |
|
Dec. 31, 2008 | |
|
06-30550
|
U.S. v. Armstead
Procedural error in sentencing occurs where district court concludes that victims include persons harmed by fraud but not included in loss calculation. |
Criminal Law and Procedure |
|
Dec. 31, 2008 | |
|
C055801
|
People v. Roscoe
Corporate officers are held personally liable for failing to address or remedy 3,000 gallon gasoline leak. |
Criminal Law and Procedure |
|
Dec. 30, 2008 | |
|
S149890
|
People v. Galland
Loss of original sealed search warrant affidavit does not render protection of right to meaningful appellate review impossible. |
Criminal Law and Procedure |
|
Dec. 30, 2008 | |
|
S149303
|
People v. Olguin
Parole condition requiring notification of pet possession is deemed reasonable in order to deter future criminality. |
Criminal Law and Procedure |
|
Dec. 30, 2008 | |
|
B204132
|
People v. Martin
Verdict's specification of 'cocaine' rather than 'cocaine base' does not prejudice defendant. |
Criminal Law and Procedure |
|
Dec. 29, 2008 | |
|
D051215
|
People v. Flores
Right to bear arms is not violated where felon carried concealed loaded firearm in public. |
Criminal Law and Procedure |
|
Dec. 23, 2008 | |
|
06-35176
|
Carver v. Lehman
Washington state law does not create protected liberty interest in inmate's early release into community custody under Due Process Clause. |
Criminal Law and Procedure |
|
Dec. 23, 2008 |
