| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G037004
|
People v. Chakos
Testimony of arresting officer with no expertise on lawful use of prescription marijuana is insufficient to sustain patient's possession for sale conviction. |
Criminal Law and Procedure |
|
Dec. 28, 2007 | |
|
05-50550
|
U.S. v. Lococo
Where wiretap application states that various prior attempted investigative techniques have failed, court does not abuse its discretion in finding wiretap justified. |
Criminal Law and Procedure |
|
Dec. 28, 2007 | |
|
H030808
|
People v. Le
Judgment is reversed due to prejudicial error in jury instruction. |
Criminal Law and Procedure |
|
Dec. 28, 2007 | |
|
F051709
|
People v. Carroll
Amendments to Sexually Violent Predator Act are properly applied at recommitment hearing taking place after effective date of new legislation. |
Criminal Law and Procedure |
|
Dec. 28, 2007 | |
|
B194835
|
People v. Abrams
Non-testimonial evidence of defendant's failure to report or make payments to probation officer is admissible at probation violation hearing. |
Criminal Law and Procedure |
|
Dec. 27, 2007 | |
|
C052041
|
People v. Hazle
Drug offender's eligibility for Proposition 36 probation is determined by three noticed revocation petitions, not individual allegations of relapse. |
Criminal Law and Procedure |
|
Dec. 27, 2007 | |
|
C053076
|
People v. Lexington National Insurance Co.
Surety’s motion to vacate bail forfeiture filed more than 185 days after notice of forfeiture was mailed, is untimely. |
Criminal Law and Procedure |
|
Dec. 26, 2007 | |
|
A115164
|
People v. Dean
Under specific facts of this case, officer lacks reasonable suspicion that van is unregistered because he failed to look for temporary operating permit. |
Criminal Law and Procedure |
|
Dec. 26, 2007 | |
|
B189056
|
People v. Jones
Fundamental purpose of felony murder rule is deterrence of negligent or accidental killings that occur in commission of dangerous felonies. |
Criminal Law and Procedure |
|
Dec. 26, 2007 | |
|
B191217
|
People v. Lacefield
Failure to instruct on lesser included misdemeanor offense of resisting peace officer is reversible error. |
Criminal Law and Procedure |
|
Dec. 24, 2007 | |
|
06-35269
|
U.S. v. Plunk
Sovereign immunity supports court's denial of consequential damages for seized property. |
Criminal Law and Procedure |
|
Dec. 24, 2007 | |
|
H029808
|
People v. Guess
Defendant’s status on probation is aggravating factor that need not be admitted nor found by jury for court to impose upper term sentence. |
Criminal Law and Procedure |
|
Dec. 24, 2007 | |
|
G037275
|
Q-Soft Inc. v. Superior Court (Mahallaty)
In white collar crime offenses, courts should balance interest in reimbursing victim for losses, while protecting legitimate property interests of innocent third persons. |
Criminal Law and Procedure |
|
Dec. 24, 2007 | |
|
E041389
|
People v. Calderon
Kicking in door to victim's home is sufficient entry to constitute burglary. |
Criminal Law and Procedure |
|
Dec. 21, 2007 | |
|
05-16869
|
Jennings v. Mukasey
Renewal of federal firearms license is properly denied where conviction for misdemeanor crime of domestic violence is not deemed expunged. |
Criminal Law and Procedure |
|
Dec. 21, 2007 | |
|
06-30219
|
U.S. v. Crampton
Possession of sawed-off shotgun and three prior drug convictions are predicate offenses of 'sufficient seriousness' to impose harsher penalties under ACCA. |
Criminal Law and Procedure |
|
Dec. 21, 2007 | |
|
06-50684
|
U.S. v. Berber-Tinoco
Stop does not violate Fourth Amendment where border patrol officers had reasonable suspicion that vehicles were picking up illegal aliens. |
Criminal Law and Procedure |
|
Dec. 20, 2007 | |
|
04-15919
|
Bradley v. Henry
Appellate decision finding deprivation of right to counsel harmless after in-camera hearing without defendant is objectively unreasonable. |
Criminal Law and Procedure |
|
Dec. 20, 2007 | |
|
B195363
|
People v. Villa
Defendant cannot be convicted of both robbery charge and charge of petty theft with prior theft-related conviction, arising from single incident. |
Criminal Law and Procedure |
|
Dec. 19, 2007 | |
|
F052506
|
People v. Aispuro
Stranger who threatens but does not physically harm girls provides sufficient evidence of menace to sustain felony false imprisonment conviction. |
Criminal Law and Procedure |
|
Dec. 19, 2007 | |
|
B179600
|
People v. Rodriguez
Single act of using firearm may not enhance defendant’s punishment for assault and augment his already enhanced punishment under gang enhancement as well. |
Criminal Law and Procedure |
|
Dec. 17, 2007 | |
|
06-10479
|
U.S. v. Biagon
Sentencing court does not deny defendant's right of allocution by declining general request to close courtroom for sentencing hearing. |
Criminal Law and Procedure |
|
Dec. 17, 2007 | |
|
S131052
|
People v. Watson
Transfer of inmate to state hospital is temporary transfer where he will return to state prison upon completion of successful treatment program. |
Criminal Law and Procedure |
|
Dec. 17, 2007 | |
|
B193759
|
People v. Jones
Trial court retains discretion to strike sentencing enhancements or additional punishment for certain listed enhancements. |
Criminal Law and Procedure |
|
Dec. 17, 2007 | |
|
C053507
|
People v. Caravajal
Defendant's motion to withdraw plea based on misunderstanding of its consequences is not 'Marsden' motion reviewable on appeal. |
Criminal Law and Procedure |
|
Dec. 17, 2007 | |
|
06-50205
|
U.S. v. Betts
Conspirator who falsely improves credit scores is subject to employment restrictions and warrantless searches as conditions of supervised release. |
Criminal Law and Procedure |
|
Dec. 16, 2007 | |
|
05-30541
|
U.S. v. Moreland
Ineffective assistance of counsel and prosecutorial misconduct claims are rejected in case where defendant participated in $73 million pyramid scheme. |
Criminal Law and Procedure |
|
Dec. 13, 2007 | |
|
A110774
|
People v. Muhammad
Even if defendant satisfies separate penalty provisions for crime of stalking, he may only be convicted of one count of stalking. |
Criminal Law and Procedure |
|
Dec. 13, 2007 | |
|
H031479
|
People v. Colbert
Detention is constitutional when officer can point to specific articulable facts providing objective manifestation detainee may be involved in criminal activity. |
Criminal Law and Procedure |
|
Dec. 12, 2007 | |
|
06-50257
|
U.S. v. Soltero
Court may delegate cost determination authority to probation officer but may not prohibit defendant’s First Amendment rights as condition of supervised release. |
Criminal Law and Procedure |
|
Dec. 12, 2007 |
