| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F054453
|
People v. Manfredi
Simultaneous possession of multiple child pornography materials at same location must be charged as one criminal offense. |
Criminal Law and Procedure |
|
Dec. 23, 2008 | |
|
S148204
|
People v. Mentch
Primary caregiver defense does not protect supplier of medical marijuana who only sporadically took patients to medical appointments. |
Criminal Law and Procedure |
|
Dec. 19, 2008 | |
|
F055684
|
In re Franklin
Petitioner is granted habeas corpus where he is no longer deemed sexually violent predator. |
Criminal Law and Procedure |
|
Dec. 19, 2008 | |
|
B194836
|
People v. Martinez
Murder convictions are reversed where homicide is not natural and probable consequence of gang member's verbal challenge. |
Criminal Law and Procedure |
|
Dec. 18, 2008 | |
|
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 |
|
Dec. 18, 2008 | |
|
A118000
|
People v. Anderson
Defendant's suppression motion cannot be redetermined on remand unless she presents 'new or different' evidence justifying different ruling. |
Criminal Law and Procedure |
|
Dec. 18, 2008 | |
|
A120721
|
People v. Yarbrough
Conviction for possession of concealed weapon does not violate Second Amendment in light of 'District of Columbia v. Heller.' |
Criminal Law and Procedure |
|
Dec. 18, 2008 | |
|
C056099
|
In re Burdan
Governor improperly reverses grant of parole concerning 1983 murder of petitioner's wife. |
Criminal Law and Procedure |
|
Dec. 16, 2008 | |
|
B202418
|
People v. Villanueva
Defendant's assertion that shooting was accidental does not foreclose instruction on self-defense where there is substantial evidence that shooting was intentional. |
Criminal Law and Procedure |
|
Dec. 16, 2008 | |
|
H032621
|
Lewis v. Superior Court (People)
Discretionary statute does not authorize sex offender registration for defendant convicted of voluntary oral copulation with minor. |
Criminal Law and Procedure |
|
Dec. 16, 2008 | |
|
B203595
|
In re Aguilar
Governor's finding of unsuitability for parole cannot stand where inmate does not pose danger to public. |
Criminal Law and Procedure |
|
Dec. 15, 2008 | |
|
H032359
|
People v. Vigil
Conviction is reversed where trial lawyer's mid-trial resignation to State Bar denies defendant constitutional right to counsel. |
Criminal Law and Procedure |
|
Dec. 15, 2008 | |
|
S150038
|
People v. Hernandez
Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged. |
Criminal Law and Procedure |
|
Dec. 12, 2008 | |
|
B196516
|
People v. Conners
Resentencing is required where trial court imposed sentence on defendant prior to receipt of updated probation report. |
Criminal Law and Procedure |
|
Dec. 10, 2008 | |
|
07-15773
|
Chambers v. McDaniel
Due process is violated when erroneous jury instructions allowed first degree murder conviction without finding of deliberation. |
Criminal Law and Procedure |
|
Dec. 10, 2008 | |
|
06-15426
|
Tennison v. City and County of San Francisco
Homicide inspectors may not escape duty to disclose exculpatory evidence where plaintiffs were wrongly accused of murder. |
Criminal Law and Procedure |
|
Dec. 9, 2008 | |
|
B208427
|
In re Tokhmanian
Governor's 30-day period of review of parole grant commenced after trial court rendered its decision of reinstatement. |
Criminal Law and Procedure |
|
Dec. 8, 2008 | |
|
04-99004
|
Sechrest v. Ignacio
'Miranda' rights are not violated in case involving first degree murder and kidnapping of two young girls. |
Criminal Law and Procedure |
|
Dec. 8, 2008 | |
|
07-55372
|
U.S. v. Eghbal
Liability under False Claims Act attaches to statements by sellers inducing government to approve home loans. |
Criminal Law and Procedure |
|
Dec. 8, 2008 | |
|
E046145
|
People v. Kennedy
Direct appeal to appellate division is available to defendant convicted by written declaration only after trial de novo. |
Criminal Law and Procedure |
|
Dec. 5, 2008 | |
|
B205182
|
People v. Garcia
Concurrent sentences appropriate when felony convictions arise from the same occasion or set of operative facts. |
Criminal Law and Procedure |
|
Dec. 4, 2008 | |
|
07-544
|
Hedgpeth v. Pulido
Harmless error review deemed more appropriate where Court of Appeals made finding of structural error. |
Criminal Law and Procedure |
|
Dec. 3, 2008 | |
|
A118033
|
People v. Madrid
Although community caretaking exception could apply to vehicle stops, detention is not justified where officer believed passenger was ill. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
A117659
|
People v. Morales
Conviction of shooting at inhabited dwelling cannot stand where shots were fired into house from inside attached garage. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
A118939
|
People v. Hughston
Warrantless search of vehicle located within tent structure violates Fourth Amendment. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
B201672
|
People v. Rubin
Sale of marijuana by minister is not protected by Religious Freedom Restoration Act. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
07-30339
|
U.S. v. Weyhrauch
Federal honest services mail fraud prosecution does not require proof of simultaneous violation of state law. |
Criminal Law and Procedure |
|
Dec. 1, 2008 | |
|
A114910
|
People v. Rodriguez
Trial court properly declines to instruct jury as matter of law that codefendants in murder case were accomplices. |
Criminal Law and Procedure |
|
Dec. 1, 2008 | |
|
07-30198
|
U.S. v. Blixt
Employee who forges manager's signature on checks for personal gain is guilty of aggravated identity theft. |
Criminal Law and Procedure |
|
Nov. 28, 2008 | |
|
B202422
|
People v. Kimbell
Where verdict is incomplete without trial on priors, court has power to reconvene jury that never left jury box. |
Criminal Law and Procedure |
|
Nov. 28, 2008 |
