| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D050458
|
People v. Duncan
Driving with upside down license plate is Vehicle Code violation justifying stop, investigation, and subsequent search of vehicle. |
Criminal Law and Procedure |
|
Mar. 6, 2008 | |
|
07-72143
|
U.S. v Higuera-Guerrero
Public's First Amendment right to access defendant's plea agreement can be overcome by showing compelling interest. |
Criminal Law and Procedure |
|
Mar. 5, 2008 | |
|
06-50422
|
U.S. v. Alghazouli
Violation of regulation promulgated under Clean Air Act is specified crime constituting violation of 'law' for purposes of 18 U.S.C. Section 545. |
Criminal Law and Procedure |
|
Mar. 5, 2008 | |
|
C055359
|
People v. Short
Restitution order in DUI case must be offset by money victim received from employer's insurer to settle personal injury action. |
Criminal Law and Procedure |
|
Mar. 5, 2008 | |
|
B193558
|
People v. Felix
Consolidation of offenses is proper when evidence of each offense is cross-admissible to show defendant's intent to commit murders. |
Criminal Law and Procedure |
|
Mar. 5, 2008 | |
|
06-30590
|
U.S. v. Cannel
Government was not under duty to reduce sentencing offense level where facts did not show defendant accepted responsibility for his actions. |
Criminal Law and Procedure |
|
Mar. 4, 2008 | |
|
06-50447
|
U.S. v. Mendoza
Defendant's Sixth Amendment rights were violated where government failed to pursue defendant with diligence, causing 10-year delay between his indictment and trial. |
Criminal Law and Procedure |
|
Mar. 4, 2008 | |
|
G039025
|
Lopez v. Superior Court (People)
Gang enhancement cannot be bootstrapped to contempt charge as means of elevating offense where both are based on same gang-related conduct. |
Criminal Law and Procedure |
|
Mar. 4, 2008 | |
|
H031647
|
People v. Whaley
Amendments to Sexually Violent Predator Act, providing for indeterminate term of commitment, apply prospectively, not retroactively. |
Criminal Law and Procedure |
|
Mar. 4, 2008 | |
|
H031174
|
People v. Leal
Warrantless search violates Fourth Amendment where handgun found inside home was not 'under immediate control' of arrestee confined to police car. |
Criminal Law and Procedure |
|
Mar. 3, 2008 | |
|
D050280
|
People v. Wills
Defendant is presumptively ineligible for probation where not in 'best interest' of molestation victim no longer 'child' at time of sentencing. |
Criminal Law and Procedure |
|
Mar. 3, 2008 | |
|
06-50513
|
U.S. v. Garro
In money laundering case, district court properly applies guidelines in sentencing defendant to 135 months in prison. |
Criminal Law and Procedure |
|
Feb. 29, 2008 | |
|
07-50251
|
U.S. v. Barsumyan
Defendant's history of credit card fraud and current conspiracy to make counterfeit cards using device-making equipment make sentence enhancement reasonable. |
Criminal Law and Procedure |
|
Feb. 29, 2008 | |
|
06-72804
|
Tall v. Mukasey
Conviction for crime involving moral turpitude renders alien inadmissible and removable from United States. |
Criminal Law and Procedure |
|
Feb. 28, 2008 | |
|
06-30551
|
U.S. v. Turvin
Evidence from consensual vehicle search is admissible because mere police questioning during lawful traffic stop does not constitute 'seizure.' |
Criminal Law and Procedure |
|
Feb. 26, 2008 | |
|
D050150
|
People v. Paredes
Retroactive change in federal law does not result in violation of plea agreement where defendant later becomes subject to removal. |
Criminal Law and Procedure |
|
Feb. 26, 2008 | |
|
E040033
|
Netzley v. Superior Court (People)
180-day period under Interstate Agreement on Detainers is tolled where petitioner's disciplinary segregation renders him 'unable to stand trial.' |
Criminal Law and Procedure |
|
Feb. 24, 2008 | |
|
A116034
|
People v. Stone
Defendant’s semantics argument involving jury instruction fails, and he waives instructional error claim on appeal. |
Criminal Law and Procedure |
|
Feb. 24, 2008 | |
|
B200619
|
Jensen v. Superior Court (People)
Trial court properly finds prosecutor demonstrated due diligence by serving subpoena and showing good cause for continuance. |
Criminal Law and Procedure |
|
Feb. 21, 2008 | |
|
B197023
|
In re Corona
Failure to waive psychotherapist-patient privilege is not sufficient basis to revoke parole. |
Criminal Law and Procedure |
|
Feb. 21, 2008 | |
|
B194403
|
People v. Taylor
Appeals from civil commitments under Mentally Disordered Offender Act are exempt from 'Anders/Wende' judicial review requirements. |
Criminal Law and Procedure |
|
Feb. 21, 2008 | |
|
06-8273
|
Danforth v. Minnesota
Federal law does not prevent state court from giving broader retroactive effect to new rule of criminal procedure. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
C053778
|
People v. Reyes
No material difference exists between language found constitutional in CALJIC No. 2.50.02 and CALCRIM No. 852. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
06-99005
|
Cook v. Schriro
Man who allegedly sodomized and killed two victims voluntarily waives counsel after accepting previously appointed attorney as advisory counsel. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
06-30582
|
U.S. v. Murphy
Warrantless search made after defendant has denied consent but another individual with common authority has consented is invalid as to defendant. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
C055896
|
People v. Enriquez
Trial court erred in revoking Proposition 36 probation where petitions for revocation could be treated as single petition. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
D051271
|
Berardi v. Superior Court (People)
Under 'two dismissal rule,' in order to bar further prosecution of felony, at least two actions against defendant must have been previously terminated. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
S049973
|
People v. Kelly
Video presentation that factually and realistically portrays murder victim’s life and supplements testimony by sole victim-impact witness is admissible. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
C053116
|
People v. Mayberry
Weighted workout glove containing sand in palm area is not 'sandclub' or 'sandbag' for purposes of statute prohibiting possession of dangerous weapon. |
Criminal Law and Procedure |
|
Feb. 19, 2008 | |
|
07-10500
|
U.S. v. Abd Hir
Pretrial detention order is proper where defendant is charged with providing support in order to further terrorist activities in Philippines. |
Criminal Law and Procedure |
|
Feb. 19, 2008 |
