| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F052418
|
People v. Morelos
Possession of multiple blank checks is deemed single act of forgery, resulting in reversal of sentences for all but one count. |
Criminal Law and Procedure |
|
Nov. 26, 2008 | |
|
D049650
|
People v. Garcia
Evidence of consciousness of guilt shown by stand-off with defendant is not excluded where he was wanted in relation to other crimes. |
Criminal Law and Procedure |
|
Nov. 26, 2008 | |
|
F053389
|
People v. Lopez
'Marsden' hearing is improperly denied where defendant claimed public defender had conflict of interest. |
Criminal Law and Procedure |
|
Nov. 26, 2008 | |
|
F051843
|
People v. Zavala
Collateral estoppel does not apply where prior acquittal did not determine issue at third trial of whether defendant was guilty of torture. |
Criminal Law and Procedure |
|
Nov. 26, 2008 | |
|
E042254
|
People v. Galvan
Penal Code Section 12022.7(b) enhancement for great bodily injury does not require victim's comatose state to be permanent. |
Criminal Law and Procedure |
|
Nov. 26, 2008 | |
|
S123133
|
People v. Brendlin
Outstanding warrant attenuates connection between illegal traffic stop and discovery of drug paraphernalia. |
Criminal Law and Procedure |
|
Nov. 25, 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 |
|
Nov. 25, 2008 | |
|
C055486
|
People v. Genovese
CALCRIM homicide instructions are proper where jury was not specifically informed that imperfect defense of another negates malice. |
Criminal Law and Procedure |
|
Nov. 25, 2008 | |
|
C051803
|
People v. Davis
Defendants forfeit claim that wiretap evidence should have been excluded where they failed to raise it in trial court. |
Criminal Law and Procedure |
|
Nov. 24, 2008 | |
|
C057500
|
People v. Cox
Resistance to unlawful arrest is admissible evidence where court views it as independent act. |
Criminal Law and Procedure |
|
Nov. 24, 2008 | |
|
E043083
|
People v. Rabanales
Defendant who pled no contest to attempted murder violates plea agreement when he later commits domestic violence. |
Criminal Law and Procedure |
|
Nov. 21, 2008 | |
|
G038379
|
People v. Mosley
Court strikes sex offender registration imposed upon defendant where Jessica's Law would subject him to residency restriction. |
Criminal Law and Procedure |
|
Nov. 21, 2008 | |
|
06-50485
|
U.S. v. Nevils
Felon who was asleep with firearm on his lap did not have 'knowing possession' to support conviction. |
Criminal Law and Procedure |
|
Nov. 21, 2008 | |
|
06-17161
|
Doody v. Schriro
Confession to Buddhist temple murders is involuntary where police gave adequate 'Miranda' warnings but interrogated 17-year-old for 12 hours. |
Criminal Law and Procedure |
|
Nov. 21, 2008 | |
|
A120768
|
People v. Hsu
Rights to speedy trial right and sentencing by same judge are not violated in case where defendant avoided sentencing. |
Criminal Law and Procedure |
|
Nov. 20, 2008 | |
|
F051882
|
People v. McFearson
Sentence enhancements for both prior convictions and prison terms served for those convictions are improper. |
Criminal Law and Procedure |
|
Nov. 20, 2008 | |
|
G038013
|
People v. Castillo
Substantial evidence supports judgment where it is indisputable that date of filing of information is timely for purposes of statute of limitations. |
Criminal Law and Procedure |
|
Nov. 20, 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 |
|
Nov. 20, 2008 | |
|
F052218
|
People v. Williams
In case involving gang activity conviction, common ideology and similar name are not sufficient to show faction is part of larger gang. |
Criminal Law and Procedure |
|
Nov. 19, 2008 | |
|
C054676
|
People v. Rushing
Defendant's constitutional contentions are not cognizable on appeal without certificate of probable cause. |
Criminal Law and Procedure |
|
Nov. 19, 2008 | |
|
07-55512
|
Waldrip v. Hall
One-year federal limitations period is not tolled during unjustified delay in post-conviction process. |
Criminal Law and Procedure |
|
Nov. 19, 2008 | |
|
C055046
|
People v. Belton
Man who lived with woman in car may be convicted of corporal injury to cohabitant. |
Criminal Law and Procedure |
|
Nov. 19, 2008 | |
|
D049650
|
People v. Garcia
Evidence of consciousness of guilt shown by stand-off with defendant is not excluded where he was wanted in relation to other crimes. |
Criminal Law and Procedure |
|
Nov. 17, 2008 | |
|
07-74593
|
Gallaher v. U.S. District Court for the District of Washington (United States)
Court that did not accept conditional guilty plea erroneously reviews defendant's presentence report. |
Criminal Law and Procedure |
|
Nov. 14, 2008 | |
|
F053454
|
People v. Ramirez
Defendant who lies on applications for food stamps and cash aid may be convicted of both misrepresentation and perjury. |
Criminal Law and Procedure |
|
Nov. 10, 2008 | |
|
07-30481
|
U.S. v. Miller
Transfer to work release program does not constitute supervised release, and inmate remains imprisoned under 18 U.S.C. Section 3624. |
Criminal Law and Procedure |
|
Nov. 10, 2008 | |
|
H031106
|
People v. Anderson
Prosecutor's misstatement of law in opening argument is deemed harmless error. |
Criminal Law and Procedure |
|
Nov. 10, 2008 | |
|
06-50599
|
U.S. v. Williams
New trial is necessary where jury was instructed to continue deliberating after judge learned of holdout juror. |
Criminal Law and Procedure |
|
Nov. 7, 2008 | |
|
S155571
|
People v. Arias
Conviction for possession of 'false compartment' cannot stand where defendant did not modify vehicle's original factory equipment. |
Criminal Law and Procedure |
|
Nov. 7, 2008 | |
|
07-10335
|
U.S. v. Youssef
Conviction for knowingly making false statement on immigration document is upheld where statute does not impose materiality requirement. |
Criminal Law and Procedure |
|
Nov. 6, 2008 |
