| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C057127
|
People v. Guiffre
Court improperly imposes second restitution fine rather than probation revocation fine. |
Criminal Law and Procedure |
|
Oct. 9, 2008 | |
|
07-50238
|
U.S. v. Delgado
Cocaine possession conviction stands where commercial truck is subject to warrantless inspection. |
Criminal Law and Procedure |
|
Oct. 8, 2008 | |
|
06-55867
|
Slovik v. Yates
Sixth Amendment right to confront witnesses is infringed where defendant is denied right to establish that key witness lied under oath. |
Criminal Law and Procedure |
|
Oct. 7, 2008 | |
|
H031795
|
People v. Dominguez
Amendment to information is improper where trial evidence of unauthorized use of car was not presented at preliminary hearing. |
Criminal Law and Procedure |
|
Oct. 6, 2008 | |
|
S148712
|
Barsamyan v. Appellate Division of the Superior Court (People)
Counsel's consent to continuance in one case to accommodate another trial initiates 10-day grace period for purposes of speedy trial statute. |
Criminal Law and Procedure |
|
Oct. 3, 2008 | |
|
07-343
|
Kennedy v. Louisiana
Eighth Amendment bars capital punishment for child rape that did not result in victim's death. |
Criminal Law and Procedure |
|
Oct. 2, 2008 | |
|
07-1309
|
Boyle v. United States
Use of factually inconsistent theories in related criminal case for RICO violation did not violate due process |
Criminal Law and Procedure |
|
Oct. 2, 2008 | |
|
07-1356
|
Kansas v. Ventris
Order |
Criminal Law and Procedure |
|
Oct. 2, 2008 | |
|
B200354
|
People v. Ward
Higher statutory sentence for possession of cocaine base for sale does not violate defendant's due process or equal protection rights. |
Criminal Law and Procedure |
|
Oct. 2, 2008 | |
|
B165767
|
People v. Esquibel
Temporary exclusion of two spectators during examination of seven-year-old witness does not violate defendant's right to public trial. |
Criminal Law and Procedure |
|
Oct. 1, 2008 | |
|
B199810
|
Perez v. City of Los Angeles
Court properly suppresses evidence of police officer's testimony but not separate act of pointing loaded firearm at sergeant during interrogation. |
Criminal Law and Procedure |
|
Sep. 30, 2008 | |
|
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 |
|
Sep. 29, 2008 | |
|
A118151
|
People v. Jasmin
Warrantless search of defendant's on-base living quarters is valid under both military law and Fourth Amendment. |
Criminal Law and Procedure |
|
Sep. 29, 2008 | |
|
C054972
|
People v. Zepeda
CALCRIM No. 220 properly instructed jury on reasonable doubt standard where court had no duty to define subjective certitude requirement for finding of guilt. |
Criminal Law and Procedure |
|
Sep. 26, 2008 | |
|
H031717
|
People v. Barkley
Prior assault conviction constitutes felony strike where sentencing judge's orders were inconsistent with imposition of misdemeanor jail sentence. |
Criminal Law and Procedure |
|
Sep. 25, 2008 | |
|
C055549
|
People v. Martinez
Defendant had no right to jury trial under 'Cunningham v. California' where factors were used to impose consecutive sentences. |
Criminal Law and Procedure |
|
Sep. 25, 2008 | |
|
05-50138
|
U.S. v. Gomez-Leon
Conviction for vehicular manslaughter is not 'crime of violence' for purposes of application of 16-level enhancement. |
Criminal Law and Procedure |
|
Sep. 25, 2008 | |
|
07-50245
|
U.S. v. Vega
Conditions of supervised release are affirmed where they relate to defendant's rehabilitation and are not impermissibly vague. |
Criminal Law and Procedure |
|
Sep. 25, 2008 | |
|
06-30489
|
U.S. v. Pham
In bank fraud case, court errs in imposing four-level enhancement to defendant's sentence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Sep. 24, 2008 | |
|
D052665
|
Quinones v. Superior Court (People)
Defendant is unfairly surprised with charge of torture in amended felony complaint. |
Criminal Law and Procedure |
|
Sep. 23, 2008 | |
|
B199951
|
People v. Valencia
Government Code Section 76104.7's DNA state-only penalty may not be assessed on court security fees. |
Criminal Law and Procedure |
|
Sep. 22, 2008 | |
|
B207163
|
People v. Collier
Police officers are permitted to perform limited pat-down of defendant after detecting marijuana odor during traffic stop. |
Criminal Law and Procedure |
|
Sep. 19, 2008 | |
|
C055869
|
People v. Dehle
Restitution order is reversed where district attorney was not present at defendant's hearing. |
Criminal Law and Procedure |
|
Sep. 19, 2008 | |
|
C050147
|
People v. Baughman
Error is deemed harmless where court concludes that jury would have found aggravating circumstance true beyond a reasonable doubt. |
Criminal Law and Procedure |
|
Sep. 18, 2008 | |
|
07-10233
|
U.S. v. Gianelli
Federal Debt Collection Procedures Act preempts California state law precluding enforcement of restitution judgment after 10 years from entry of judgment. |
Criminal Law and Procedure |
|
Sep. 18, 2008 | |
|
G039546
|
People v. Milligan
Court rejects defendant's challenges to amendments and additions to sex offender registration laws. |
Criminal Law and Procedure |
|
Sep. 17, 2008 | |
|
B207133
|
In re Asencio
Conviction for aggravated sexual assault of child is upheld where defendant used force sufficient to overcome victim's will. |
Criminal Law and Procedure |
|
Sep. 17, 2008 | |
|
D050330
|
People v. Salcido
Prosecution may not avoid two-dismissal rule by charging new offense in third filing to increase original charge to violent felony. |
Criminal Law and Procedure |
|
Sep. 17, 2008 | |
|
06-16533
|
Hebner v. McGrath
Amended petition alleging due process violation due to faulty jury instructions does not relate back to original petition alleging incorrect evidence standard. |
Criminal Law and Procedure |
|
Sep. 17, 2008 | |
|
C055398
|
People v. Love
Dental receptionist cannot be convicted of both theft-- through fraudulent use of access card--and receipt of same stolen property. |
Criminal Law and Procedure |
|
Sep. 17, 2008 |
