| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B196415
|
People v. Reyes
Error in admitting incriminating statement during trial is harmless beyond reasonable doubt due to overwhelming evidence of guilt. |
Criminal Law and Procedure |
|
Feb. 18, 2008 | |
|
04-17237
|
Anderson v. Terhune
Suspect’s statement, ‘I plead the Fifth,’ during custodial interrogation is unequivocal assertion of his right to remain silent. |
Criminal Law and Procedure |
|
Feb. 18, 2008 | |
|
05-77064
|
Rendon v. Mukasey
State felony conviction for possession with intent to sell controlled substance contains trafficking element and qualifies as aggravated felony under immigration laws. |
Criminal Law and Procedure |
|
Feb. 18, 2008 | |
|
E042561
|
People v. Veale
Evidence is sufficient to support finding that defendant used duress in committing each count of lewd act upon child. |
Criminal Law and Procedure |
|
Feb. 18, 2008 | |
|
A114767
|
People v. McQueen
Trial court did not err by staying, rather than dismissing, sentence under habitual sexual offender law. |
Criminal Law and Procedure |
|
Feb. 18, 2008 | |
|
F052116
|
People v. Garcia
Judge's mistaken belief that defendant was required to subpoena prisoner witnesses constitutes harmless error. |
Criminal Law and Procedure |
|
Feb. 18, 2008 | |
|
A115138
|
People v. Ramirez
Defendant is estopped from arguing court exceeded jurisdiction where he consented to increased sentence as part of his plea. |
Criminal Law and Procedure |
|
Feb. 13, 2008 | |
|
05-30260
|
U.S. v. Rosales
Wiretapped conversations in which defendant uses code for drug quantity sufficiently evidence intent to distribute 500 grams or more of cocaine. |
Criminal Law and Procedure |
|
Feb. 13, 2008 | |
|
04-35465
|
Larson v. Palmateer
Trial court’s imposition of physical restraints on defendant violates his due process rights, but is harmless error. |
Criminal Law and Procedure |
|
Feb. 13, 2008 | |
|
A111633
|
People v. Calvin
Substantial evidence supports court's determination that jurors were not excused for racially discriminatory purpose. |
Criminal Law and Procedure |
|
Feb. 12, 2008 | |
|
H031010
|
People v. Chien
Defendant cannot set aside conviction based on counsel's failure to advise him that prior drug trafficking offense triggered deportation. |
Criminal Law and Procedure |
|
Feb. 11, 2008 | |
|
06-35313
|
Harris v. Carter
Habeas petitioner's reliance on existing precedent equitably tolls statute of limitations while applications for post-conviction review are pending in state court. |
Criminal Law and Procedure |
|
Feb. 11, 2008 | |
|
06-73728
|
Plasencia-Ayala v. Mukasey
Failure to register as sex offender under Nevada statute does not qualify as crime involving moral turpitude. |
Criminal Law and Procedure |
|
Feb. 8, 2008 | |
|
S072949
|
People v. Brasure
In death penalty case, defendant fails to show that unsequestered voir dire kept him from unraveling juror bias. |
Criminal Law and Procedure |
|
Feb. 8, 2008 | |
|
H032068
|
Campbell v. Superior Court (People)
Mental retardation hearing should be reopened to determine if mentor who confused students presented false testimony regarding death-eligible defendant. |
Criminal Law and Procedure |
|
Feb. 7, 2008 | |
|
06-17054
|
Gonzalez v. Knowles
Representation by attorney who does not follow defense strategy of defendant's chosen counsel does not prejudice uncle who allegedly molested brother's children. |
Criminal Law and Procedure |
|
Feb. 7, 2008 | |
|
D049704
|
In re Rozzo
Habeas writ is denied where murder of unresisting victim was particularly heinous, atrocious and cruel. |
Criminal Law and Procedure |
|
Feb. 6, 2008 | |
|
F051804
|
People v. Mejia
Trial court must hold 'Marsden' hearing after defendant personally instructs counsel to move for new trial based on his conduct at trial. |
Criminal Law and Procedure |
|
Feb. 6, 2008 | |
|
A117317
|
Good v. Superior Court (People)
Misdemeanant required to register as sex offender must submit to DNA sample under Proposition 69. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
06-30190
|
U.S. v. Jennings
Where defendant's arrest is valid under state law based on probable cause, evidence obtained incident to search is admissible. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
S029489
|
People v. Howard
Prosecutor’s notice of intent to introduce certain aggravating evidence before penalty phase but after jury selection is not constitutionally infirm. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
C055155
|
In re J.G.
Prisoner serving life sentences outside California under Federal Witness Protection Program has right to appear personally at parole board hearing. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
H029860
|
People v. McDaniel
Defendant is denied due process where he is shackled during trial without finding of cause. |
Criminal Law and Procedure |
|
Feb. 4, 2008 | |
|
A117772
|
In re Crockett
California trial court lacks jurisdiction to convict juvenile sex offender adjudicated in Texas of failure to register as sex offender in California. |
Criminal Law and Procedure |
|
Feb. 4, 2008 | |
|
H032068
|
Campbell v. Superior Court (People)
Mental retardation hearing should be reopened to determine if mentor who confused students presented false testimony regarding death-eligible defendant. |
Criminal Law and Procedure |
|
Feb. 1, 2008 | |
|
C054252
|
People v. Nicholls
Defendant bears burden of showing that matter omitted from affidavit were material to determination of probable cause. |
Criminal Law and Procedure |
|
Feb. 1, 2008 | |
|
G037484
|
People v. Seminoff
Witness’s refusal to answer questions on her version of events leading to discovery of contraband is sufficient basis for court to strike her testimony. |
Criminal Law and Procedure |
|
Jan. 31, 2008 | |
|
C053776
|
People v. Batman
DNA penalty assessment is punitive ex post facto law with respect to offenses prior to its effective date. |
Criminal Law and Procedure |
|
Jan. 31, 2008 | |
|
E040123
|
People v. Paredes
Disqualification of public defender was abuse of trial court's discretion and violated defendant's right to counsel under state constitution. |
Criminal Law and Procedure |
|
Jan. 30, 2008 | |
|
06-35963
|
Hess v. Board of Parole and Post-Prison Supervision
Oregon statute allowing parole board to postpone parole release date is neither facially vague nor vague as applied to defendant. |
Criminal Law and Procedure |
|
Jan. 30, 2008 |
