| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S066527
|
People v. Lindberg
Expert witness testimony as to White supremacists' hatred of Jews is admissible to prove racial motivation behind murder of Vietnamese person. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
S139791
|
People v. Cross
Pregnancy without medical complications resulting from sexual intercourse with minor stepdaughter is sufficient to support finding of great bodily injury. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
B198805
|
People v. Pearson
Defendant who conceals victim-witness and obtains partial acquittal is estopped from seeking refuge under jeopardy umbrella. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
S018814
|
People v. Salcido
Defendant convicted of six counts of murder may not challenge validity of his seizure in Mexico. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
A119162
|
People v. Morris
Certified rap sheet is nontestimonial evidence and deemed public record exception to hearsay rule. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
D050721
|
People v. Bolton
Trial court errs by permitting defendant to represent himself at trial after relieving counsel due to insufficient conflict of interest. |
Criminal Law and Procedure |
|
Aug. 28, 2008 | |
|
E042885
|
People v. Brandon
Mentally disordered offender's contention that trial court erred by allowing her to represent herself became moot when one-year commitment period expired. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
F052703
|
People v. Garcia
Amended Sexually Violent Predator Act is constitutional. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
06-56575
|
Wooten v. Kirkland
For purposes of exhaustion, cumulative error claim is neither fairly presented nor sufficiently intertwined with other claims. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
06-55817
|
Torres v. City of Los Angeles
Material issues of disputed fact as to probable cause require jury to decide whether qualified immunity applies to police officers. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
B203793
|
People v. Bergen
Defendant who uses butane to manufacture concentrated cannabis is properly charged under Health and Safety Code Section 11379.6(a). |
Criminal Law and Procedure |
|
Aug. 26, 2008 | |
|
S070839
|
People v. Carasi
Joint trial is proper for co-defendants who planned and executed Mother's Day murders together. |
Criminal Law and Procedure |
|
Aug. 26, 2008 | |
|
05-17080
|
Bull v. City and County of San Francisco
Sheriff is denied qualified immunity where blanket policy allowing strip searches without reasonable suspicion is unconstitutional. |
Criminal Law and Procedure |
|
Aug. 25, 2008 | |
|
07-10347
|
U.S. v. Easterday
Conviction for willful failure to pay employee payroll taxes to IRS stands regardless of defendant's inability to pay. |
Criminal Law and Procedure |
|
Aug. 25, 2008 | |
|
F053705
|
Catlin v. Superior Court (People)
Motion for postconviction discovery brought 17 years after conviction is denied where defendant did not file within reasonable time period. |
Criminal Law and Procedure |
|
Aug. 25, 2008 | |
|
A112738
|
People v. Fiu
Trial court errs in imposing consecutive 10-year term for gang enhancement where second degree murder conviction is punishable by life imprisonment. |
Criminal Law and Procedure |
|
Aug. 22, 2008 | |
|
07-10135
|
U.S. v. Craighead
Based on totality of circumstances, in-home interrogation is deemed custodial, requiring 'Miranda' warnings. |
Criminal Law and Procedure |
|
Aug. 22, 2008 | |
|
03-99002
|
McMurtrey v. Ryan
Defendant's due process rights are violated where substantial evidence indicates need to hold hearing as to competency to stand trial. |
Criminal Law and Procedure |
|
Aug. 22, 2008 | |
|
S155872
|
In re Shaputis
Evidence indicates unsuitability for parole where petitioner who denies responsibility for wife's murder currently poses danger to society. |
Criminal Law and Procedure |
|
Aug. 22, 2008 | |
|
S154018
|
In re Lawrence
Court of Appeal properly determines 'some evidence' does not support Governor's conclusion that petitioner remains current danger to public safety. |
Criminal Law and Procedure |
|
Aug. 22, 2008 | |
|
S065707
|
People v. Page
Admission of pornographic magazines is harmless where overwhelming evidence establishes defendant murdered and committed lewd act upon girl. |
Criminal Law and Procedure |
|
Aug. 21, 2008 | |
|
B195450
|
Piscitelli v. The Salesian Society
Impeachment evidence of cleric's sex abuse conviction is admissible to show bias, regardless of underlying crime's relation to traits of honesty. |
Criminal Law and Procedure |
|
Aug. 21, 2008 | |
|
A113017
|
People v. Meneses
Trial court has no sua sponte duty to instruct on mistake of fact defense only raised during appeal. |
Criminal Law and Procedure |
|
Aug. 20, 2008 | |
|
06-50584
|
U.S. v. Hernandez-Orellana
Women who participate in conspiracy to smuggle aliens but act entirely on domestic soil do not 'bring them to' United States. |
Criminal Law and Procedure |
|
Aug. 20, 2008 | |
|
07-56079
|
Stoltie v. Tilton
Confusing explanation of reasonable doubt provided to jury by trial judge is clear error. |
Criminal Law and Procedure |
|
Aug. 19, 2008 | |
|
C056249
|
People v. Wyatt
Request for counsel made in prison disciplinary hearing does not invoke <EM>Edwards</EM> rights when interrogation occurred the following day. |
Criminal Law and Procedure |
|
Aug. 19, 2008 | |
|
S145458
|
People v. Chance
Conduct is sufficient to establish actus reus required for assault where defendant attained means and location to strike immediately. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
06-30621
|
U.S. v. Jaeger
Trial court's admonition to witness concerning possibility of adverse consequences resulting from her testimony did not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
07-16284
|
Walter v. Drayson
RICO violations are not found where attorney did not direct enterprise's affairs by giving advice to clients. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
C055100
|
People v. Nelms
Trial court lacked jurisdiction when it dismissed smuggling charge while case was pending on appeal. |
Criminal Law and Procedure |
|
Aug. 18, 2008 |
