| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C052747
|
People v. Johnson
Judicial Council of California Criminal Jury Instructions (2006), CALCRIM No. 852 does not violate defendant's due process rights. |
Criminal Law and Procedure |
|
Jul. 8, 2008 | |
|
G038366
|
People v. Logsdon
Suppression motion is properly denied where violation of Vehicle Code permits police officer to stop and detain driver. |
Criminal Law and Procedure |
|
Jul. 8, 2008 | |
|
C056385
|
People v. Picklesimer
If judgments against defendants are affirmed, original judgments must be enforced. |
Criminal Law and Procedure |
|
Jul. 7, 2008 | |
|
B193002
|
People v. Carrasco
Where defendant enters sheriff's station, reaches into bag with gasoline in it, and holds lighter in hand, attempted arson conviction is upheld. |
Criminal Law and Procedure |
|
Jul. 7, 2008 | |
|
05-10280
|
U.S. v. Evans-Martinez
Fed. R. Crim. P. 32(h) requires district courts to provide notice of possible departures from Sentencing Guideline ranges. |
Criminal Law and Procedure |
|
Jul. 3, 2008 | |
|
07-30125
|
U.S. v. Warr
District court's imposition of sentence above advisory guidelines is reasonable where defendant has numerous psychological problems and is dangerous to public. |
Criminal Law and Procedure |
|
Jul. 3, 2008 | |
|
B201134
|
People v. Miller
Assault with deadly weapon conviction is reversed where court erroneously informed jury that crime did not contain awareness element. |
Criminal Law and Procedure |
|
Jul. 3, 2008 | |
|
C055322
|
People v. Lewis
For purposes of Penal Code Section 12021, previous felony cannot serve as basis of charge where conviction has been reduced to misdemeanor. |
Criminal Law and Procedure |
|
Jul. 2, 2008 | |
|
07-10254
|
U.S. v. Byun
Plaintiff convicted of importing minor into United States for prostitution must register as sex offender even though conviction is not clearly specified. |
Criminal Law and Procedure |
|
Jul. 2, 2008 | |
|
C052649
|
People v. Mitchell
Failure to object to instructional error forfeits objection on appeal unless defendant's substantial rights are affected. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
07-10238
|
U.S. v. Harrell
When property in question is no longer needed for evidentiary purposes, property owner has presumptive rights to its return. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
07-30274
|
U.S. v. Mayer
Motion to suppress is properly denied where officers had probable cause to believe defendant lived at residence they searched. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
07-30219
|
U.S. v. Davis
Seizure effected by law enforcement while executing valid search warrant is constitutional. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
S056997
|
People v. Whisenhunt
Sufficient evidence of deliberation exists to uphold death sentence for first degree murder involving infliction of torture on infant. |
Criminal Law and Procedure |
|
Jul. 1, 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 |
|
Jul. 1, 2008 | |
|
B198572
|
People v. Wycoff
In 'Pitchess' motion case, custodian of records who did not produce entire file for review must establish what documents were included in file. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
C054129
|
People v. Davis
Peremptory challenges that excused African-American jurors are allowed where potential juror was not punctual and other excusal was due to ‘hunch.’ |
Criminal Law and Procedure |
|
Jun. 30, 2008 | |
|
A117860
|
People v. Boyle
Amended Sexually Violent Predator Act does not violate ex post facto provisions of federal and state Constitutions. |
Criminal Law and Procedure |
|
Jun. 30, 2008 | |
|
04-35998
|
Brown v. Uttecht
Where sound trial strategy is utilized and mitigation case was objectively reasonable, defendant's ineffective assistance of counsel argument fails. |
Criminal Law and Procedure |
|
Jun. 30, 2008 | |
|
06-15403
|
Cuevas v. de Roco
Fourth Amendment requires police officers have probable cause to believe parolee is residing in house to be searched. |
Criminal Law and Procedure |
|
Jun. 30, 2008 | |
|
06-30580
|
U.S. v. Taylor
Sentence is properly adjusted upward where prior attempted armed robbery conviction constitutes crime of violence. |
Criminal Law and Procedure |
|
Jun. 27, 2008 | |
|
F053408
|
People v. Holloway
Jury must decide issue of involuntary intoxication where defendant caused accident while under influence of prescription medicine. |
Criminal Law and Procedure |
|
Jun. 27, 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 |
|
Jun. 27, 2008 | |
|
S125677
|
People v. Towne
Right to jury trial not applicable to determine whether aggravating circumstances exist where defendant has prior convictions or committed crime on parole. |
Criminal Law and Procedure |
|
Jun. 27, 2008 | |
|
07-6053
|
Giles v. California
Theory of forfeiture by wrongdoing is not exception to Sixth Amendment's confrontation requirement. |
Criminal Law and Procedure |
|
Jun. 26, 2008 | |
|
07-343
|
Kennedy v. Louisiana
Capital punishment for child rape is unconstitutional. |
Criminal Law and Procedure |
|
Jun. 26, 2008 | |
|
07-50187
|
United States v. Locklin
No conviction for underlying offense is required to be convicted of failure to appear. |
Criminal Law and Procedure |
|
Jun. 26, 2008 | |
|
A120536
|
People v. Superior Court (George)
In order to recommit defendant as sexually violent predator, it is sufficient to prove that public safety requires his confinement or supervised release. |
Criminal Law and Procedure |
|
Jun. 25, 2008 | |
|
05-99010
|
Duncan v. Ornoski
Death sentence is set aside where lawyer's failure to present exculpatory serological evidence prejudices defendant with respect to jury's special circumstance finding. |
Criminal Law and Procedure |
|
Jun. 25, 2008 | |
|
07-440
|
Rothgery v. Gillespie County
Criminal defendant's initial appearance before judge marks initiation of adversary proceedings that trigger attachment of Sixth Amendment right to counsel. |
Criminal Law and Procedure |
|
Jun. 24, 2008 |
