| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-30200
|
U.S. v. Rendon-Duarte
Judgment and sentence are upheld despite court's erroneous admission of prior bad acts and sole reliance on facts to determine prior violent crime. |
Criminal Law and Procedure |
|
Jun. 20, 2007 | |
|
D049852
|
Smith v. Superior Court (People)
Prosecution is not entitled to participate in defendant's discovery proceedings or to copies of subpoenaed documents relating to jury selection process. |
Criminal Law and Procedure |
|
Jun. 20, 2007 | |
|
05-30611
|
U.S. v. Hollis
20-year minimum sentence is affirmed absent proof of drug type where cocaine base residue shows defendant distributed crack. |
Criminal Law and Procedure |
|
Jun. 20, 2007 | |
|
a113889
|
People v. Timms
Jury instruction to consider voluntary intoxication only in deciding intent to kill does not violate defendant's due process or equal protection rights. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
G036470
|
People v. Brenn
Recorded statements made by stabbing victim to 911 operator are admissible as non-testimonial, spontaneous declarations. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
F044512
|
People v. Parras
Trial court properly instructs jury that voluntary manslaughter allows conviction without intent to kill in case that went unsolved for 13 years. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
a113889
|
People v. Timms
Jury instruction to consider voluntary intoxication only in deciding intent to kill does not violate defendant's due process or equal protection rights. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
G036470
|
People v. Brenn
Recorded statements made by stabbing victim to 911 operator are admissible as non-testimonial, spontaneous declarations. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
H028782
|
People v. Johnson
Defendant's conviction on various counts of corporal injury to cohabitant must stand, but 36 days must be credited for time spent in presentence custody. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
F044512
|
People v. Parras
Trial court properly instructs jury that voluntary manslaughter allows conviction without intent to kill in case that went unsolved for 13 years. |
Criminal Law and Procedure |
|
Jun. 19, 2007 | |
|
A112248
|
In re Stier
Attorney General is not foreclosed by waiver or estoppel from challenging grant of habeas relief from duty to register as sex offender. |
Criminal Law and Procedure |
|
Jun. 18, 2007 | |
|
S140032
|
People v. Licas
Assault with firearm is not lesser included offense of shooting at another from vehicle because 'present ability' not required for shooting offense. |
Criminal Law and Procedure |
|
Jun. 18, 2007 | |
|
S045184
|
People v. Bonilla
Lying-in-wait special circumstance applies to mastermind of successful murder plot, even though actual elements were satisfied by his co-conspirators. |
Criminal Law and Procedure |
|
Jun. 17, 2007 | |
|
S140032
|
People v. Licas
Assault with firearm is not lesser included offense of shooting at another from vehicle because 'present ability' not required for shooting offense. |
Criminal Law and Procedure |
|
Jun. 17, 2007 | |
|
06-5306
|
Bowles v. Russell
Appellate court lacks jurisdiction where appeal was filed after statutory period, but within time period allowed by district court's order. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
03-55534
|
Gautt v. Lewis
Defendant's constitutional right to be informed is violated where they are charged with one sentence enhancement, but mistakenly convicted of another enhancement. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
06-30118
|
U.S. v. Beltran-Munguia
Prior felony conviction for second degree sexual abuse does not qualify as "crime of violence" for defendant who unlawfully re-entered United States. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
06-5247
|
Fry v. Pliler
Federal courts must assess prejudicial impact of constitutional error in state-court criminal trials under 'Brecht' standard of 'substantial and injurious effect.' |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
06-30289
|
U.S. v. Alverez-Tejeda
Officers' elaborate ruse to seize vehicle suspected of containing drugs is reasonable and therefore does not violate defendant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
06-30451
|
U.S. v. Savage
Prior conviction for prison break rather than 'walkaway escape' constitutes crime of violence for purposes of sentencing enhancement. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
05-55665
|
Murdoch v. Castro
Exclusion of privileged letter does not violate defendant's Sixth Amendment rights where cross-examination was effective and letter was of low probative value. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
06-5306
|
Bowles v. Russell
Appellate court lacks jurisdiction where appeal was filed after statutory period, but within time period allowed by district court's order. |
Criminal Law and Procedure |
|
Jun. 15, 2007 | |
|
G036837
|
People v. Nguyen
Trial court properly denies 'Pitchess' motion after defendant is convicted of bribery. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
C052592
|
People v. Reyes
Trial court properly gives CALCRIM instructions and never instructed jury that it could consider defendant's arrest or trial as evidence of guilt. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
S138898
|
People v. Rivera
Police officers need not corroborate anonymous tip before contacting occupant and seeking consent to enter and search residence. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
D048175
|
People v. Westbrooks
Defendant's due process rights are not violated where judge gives jury instructions explaining reasonable doubt pursuant to CALCRIM No. 220. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
03-55534
|
Gautt v. Lewis
Defendant's constitutional right to be informed is violated where they are charged with one sentence enhancement, but mistakenly convicted of another enhancement. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
06-30118
|
U.S. v. Beltran-Munguia
Prior felony conviction for second degree sexual abuse does not qualify as "crime of violence" for defendant who unlawfully re-entered United States. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
06-30289
|
U.S. v. Alverez-Tejeda
Officers' elaborate ruse to seize vehicle suspected of containing drugs is reasonable and therefore does not violate defendant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
Jun. 14, 2007 | |
|
06-5247
|
Fry v. Pliler
Federal courts must assess prejudicial impact of constitutional error in state-court criminal trials under 'Brecht' standard of 'substantial and injurious effect.' |
Criminal Law and Procedure |
|
Jun. 14, 2007 |
