| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S148207
|
Haraguchi v. Superior Court (People)
No evidence of disqualifying conflict exists requiring recusal where prosecutor published novel while petitioner's trial was pending. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
S149123
|
People v. Superior Court (Humberto S.)
Order recusing prosecutors is vacated where there was no actual representation of third party interests. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
S147954
|
Hollywood v. Superior Court (People)
Recusal is not necessary where prosecutor's assistance in making of movie did not deprive defendant of right to fair trial. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
C055464
|
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury. |
Criminal Law and Procedure |
|
May 12, 2008 | |
|
D048456
|
People v. Varghese
Court did not err in refusing to allow defendant to conduct confidential DNA testing on bloodstain found at murder scene. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
06-50447
|
U.S. v. Mendoza
Defendant's speedy-trial right is violated where eight-year delay between indictment and arrest is result of government's negligence. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
06-10390
|
U.S. v. Pete
Time when certiorari petitions in interlocutory appeal are pending is excludable from Speedy Trial Act's requirements. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
S024471
|
People v. Watson
Defendant is properly sentenced to death where evidence proves he fatally shot two people in gang-related shooting. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
C055464
|
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury. |
Criminal Law and Procedure |
|
May 7, 2008 | |
|
05-16762
|
Torres v. City of Madera
Arrestee mistakenly shot by officer's pistol instead of stun gun is deemed 'seized' within meaning of Fourth Amendment. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
07-15592
|
Brown v. Farwell
Defendant is granted petition for writ of habeas corpus due to inaccurate DNA evidence and violations of due process. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
S058528
|
In re Miranda
Petitioner demonstrates he is entitled to habeas corpus relief due to prosecution's misconduct. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
S052520
|
People v. Williams
Failure to instruct jury that witness was accomplice is harmless where evidence does not establish intent to further defendant's criminal purpose. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
B194358
|
People v. Albillar
Convictions are proper where defendants impliedly consented to reseating of juror as alternative remedy for 'Wheeler-Batson' violation. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
03-99003
|
Pinholster v. Ayers
District court correctly denies defendant's request for evidentiary hearing based on ineffective assistance of counsel. |
Criminal Law and Procedure |
|
May 5, 2008 | |
|
H030980
|
People v. Mohammed
Conviction for failure to appear while on recognizance is reversed where defendant never signed release agreement proving she was out on bail. |
Criminal Law and Procedure |
|
May 5, 2008 | |
|
E042607
|
People v. Kelly
Defendant received fair ‘Wheeler/Batson’ hearing where prosecutor substantiated her reasons for dismissing prospective jurors. |
Criminal Law and Procedure |
|
May 2, 2008 | |
|
05-50121
|
U.S. v. Tapia-Romero
In determining appropriate term of imprisonment, sentencing judge cannot consider cost of imprisonment to society as factor under 18 U.S.C. Section 3553(a). |
Criminal Law and Procedure |
|
May 2, 2008 | |
|
D051512
|
Mendez v. Superior Court (People)
Trial court may consider information not presented at Section 1050 hearing in ruling on motion to dismiss case under Section 1382. |
Criminal Law and Procedure |
|
May 1, 2008 | |
|
C053802
|
People v. Semien
Conviction is proper in case where defendant claims prosecutor excused prospective juror based on race. |
Criminal Law and Procedure |
|
May 1, 2008 | |
|
C054656
|
People v. Eddards
Penal Code Section 1203.1 does not authorize addition of 10 percent administration fee to restitution fund payment. |
Criminal Law and Procedure |
|
May 1, 2008 | |
|
07-50124
|
U.S. v. Stoterau
District court did not abuse discretion in sentencing defendant to 151-month term of imprisonment for transporting child pornography. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
06-15374
|
Gregory v. County of Maui
Police officers attempting to restrain individual did not use excessive force in violation of Fourth Amendment. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
06-56634
|
Choe v. Torres
Pursuant to extradition treaty, person is extraditable to Korea where Korean and American laws for charged offenses are directed to same evil. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
05-30477
|
U.S. v. Medina
District court properly dismisses indictment without prejudice after determining excessive pretrial delays violated Speedy Trial Act. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
05-50170
|
U.S. v. De Oca
Defendant's prior conviction of first degree residential burglary is 'crime of violence' justifying sentencing enhancement. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
07-30102
|
U.S. v. Mara
District court may consider criminal activity unrelated to conviction offense in denying defendant sentence reduction for acceptance of responsibility. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
S031603
|
People v. Lewis
Court vacates lying-in-wait special circumstance findings and reverses six kidnapping convictions of defendant who engaged in 1991 crime spree. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
B194821
|
People v. Keshishian
Trial court properly denies request to discharge counsel retained by defendant charged with murder, vehicular manslaughter, and leaving accident scene. |
Criminal Law and Procedure |
|
Apr. 28, 2008 | |
|
H031348
|
People v. Litmon
In case involving Sexually Violent Predator commitment, trial must take place before defendant's potential commitment term. |
Criminal Law and Procedure |
|
Apr. 25, 2008 |
