| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S027730
|
People v. Alfaro
Trial court properly refuses to remove defense counsel in case where defendant is sentenced to death for murdering nine-year-old. |
Criminal Law and Procedure |
|
Aug. 6, 2007 | |
|
06-30398
|
U.S. v. Valenzuela
U.S.S.G. Section 2K2.1(b)(5) sentencing enhancement is properly applied to defendant convicted of being felon in possession of firearm and possessing stolen property. |
Criminal Law and Procedure |
|
Aug. 5, 2007 | |
|
06-35509
|
Hoyle v. ADA County, Idaho, District Court
Double Jeopardy Clause is not violated where jury in first prosecution could not agree on predicate acts related to racketeering count. |
Criminal Law and Procedure |
|
Aug. 2, 2007 | |
|
05-30267
|
U.S. v. Goetzke
Intercepted letters containing compliments and sexual advances are sufficient to prove intent to persuade or entice minor to engage in sexual activity. |
Criminal Law and Procedure |
|
Aug. 1, 2007 | |
|
05-30076
|
U.S. v. Larson
Convictions for conspiracy to possess methamphetamine with intent to distribute stand where violation of Confrontation Clause rights is harmless. |
Criminal Law and Procedure |
|
Aug. 1, 2007 | |
|
06-307
|
Opinion of Brown
Sheriff's gift of honorary badge to private citizen violates California law if badge would deceive ordinary reasonable person into believing it is authorized. |
Criminal Law and Procedure |
|
Jul. 31, 2007 | |
|
F050958
|
People v. Flores
Defendant’s federal constitutional rights are not violated by trial court’s reasonable doubt instruction using CALCRIM No. 220. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
F049646
|
People v. Miller
Trial court improperly denies motion for self-representation where motion was made well before sentencing hearing and done so voluntarily and intelligently. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
F050101
|
People v. Dixon
Defendant who voluntarily waives right to jury trial also waives right to be tried on lesser-included enhancements. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
F049842
|
People v. Solorzano
Warrantless search is reasonable parole term and defendant may receive harsher punishment after retrial where original sentence was not authorized by law. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
A116437
|
In re Cooper
Parolee's habeas petition is granted where 'some evidence' does not support Governor Schwarzenegger's decision to reverse grant of parole. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
S035368
|
People v. Zambrano
Jury properly returns death verdict in case of defendant convicted of first degree murder of witness, and attempted murder of Berkeley professor and his wife. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
G037428
|
People v. Fritz
Prior shoplifting incident is inadmissible against defendant who did not testify in order to impeach false statement prosecution offered into evidence. |
Criminal Law and Procedure |
|
Jul. 29, 2007 | |
|
05-50433
|
U.S. v. Lopez
Error is harmless where prosecutor implicated defendant's silence both pre-Miranda and post-Miranda. |
Criminal Law and Procedure |
|
Jul. 29, 2007 | |
|
A112810
|
People v. Arias
Conviction for possessing false compartment is reversed where trial court gave erroneous definition of ‘false compartment’ and insufficient evidence supports conviction. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
S022153
|
In re Hardy
Habeas corpus petition is denied where petitioner fails to show he is actually innocent of murders of which he was convicted. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
S055528
|
People v. Barnwell
Defendant receives death penalty for three first degree murders but second degree murder sentence should have been 15 years to life. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
05-30483
|
U.S. v. Sperow
Drug dealer’s enhanced sentence is invalid where government fails to give proper notice of its intent to seek enhanced sentence penalty. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
A112744
|
People v. Blick
Trial court’s failure to include specific intent requirement in its jury instructions creates reasonable probability jury would have acquitted alleged defrauder. |
Criminal Law and Procedure |
|
Jul. 25, 2007 | |
|
05-30401
|
U.S. v. Castillo
Appellate court has constitutional power and congressional authorization to hear appeal in spite of valid guilty plea. |
Criminal Law and Procedure |
|
Jul. 25, 2007 | |
|
05-50410
|
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. |
Criminal Law and Procedure |
|
Jul. 25, 2007 | |
|
B189049
|
People v. Medina
Gang members’ murder convictions are reversed because their involvement in earlier fistfight was not reasonably likely to result in fatal shooting. |
Criminal Law and Procedure |
|
Jul. 24, 2007 | |
|
06-55327
|
Winzer v. Hall
Ex-boyfriend convicted of making terrorist threats is entitled to habeas relief where admission of woman's hearsay statements violates Confrontation Clause. |
Criminal Law and Procedure |
|
Jul. 23, 2007 | |
|
S041008
|
People v. Hoyos
Evidence of propensity for violence is properly excluded absent support for self-defense theory that murder victim presented immediate threat. |
Criminal Law and Procedure |
|
Jul. 23, 2007 | |
|
C052069
|
People v. Holmes
Judgment is upheld where jury instructions do not lower burden of proof and imposition of two restitution fines in one proceeding is authorized. |
Criminal Law and Procedure |
|
Jul. 22, 2007 | |
|
06-16601
|
Hemmerle v. Schriro
Habeas corpus petition is time-barred where time between petitions for postconviction relief that do not "relate" back count toward AEDPA's deadline. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
06-30375
|
U.S. v. Bibler
In drug possession case, defendant's waiver of right to appeal sentence is enforceable. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
S126182
|
People v. Black
No violation of right to jury trial where at least one aggravating circumstance made defendant eligible for upper term sentence. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
S148917
|
People v. Sandoval
Trial court violates ‘Cunningham v. California’ by imposing upper term sentence based on facts not found by a jury beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
F050978
|
People v. Cole
Strike sentence does not violate equal protection where previous crime would not count as strike had defendant been adjudicated in juvenile court. |
Criminal Law and Procedure |
|
Jul. 19, 2007 |
