| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S134543
|
People v. Knoller
Application of incorrect implied malice standard in second degree murder conviction of vicious dog owner requires reconsideration of new trial motion. |
Criminal Law and Procedure |
|
May 31, 2007 | |
|
S058489
|
People v. Carey
Death penalty stands where autopsy photographs of murder victim were properly admitted into evidence. |
Criminal Law and Procedure |
|
May 31, 2007 | |
|
B190062
|
DePalma v. Rodriguez
Court properly admits biomechanic's expert testimony that he would not expect force of motor vehicle accident to result in plaintiff's injuries. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
B197193
|
In re Gray
Petitioner's due process rights violated where governor's reversal of parole recommendation not supported by 'some evidence' that second degree murder was 'especially heinous.' |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
C050683
|
People v. Gunder
Admission of videotape and transcript of witness's pre-trial interview does not violate right to confrontation where witness claims complete memory loss. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
C051338
|
People v. Robinson
Trial court errs in failing to appoint counsel to repesent defendant at competency hearing. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
B193079
|
People v. Fluker
Court cannot impose upper term sentence based entirely on facts neither admitted by defendant nor found true by jury. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
B192752
|
People v. Feyrer
Trial court has discretion to reduce 'wobbler' offense to misdemeanor despite admission of sentence enhancement. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
A109149
|
People v. Sullivan
Bank robber unsuccessfully challenges conviction on grounds of vagueness and invalid waiver of right to counsel. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
C051338
|
People v. Robinson
Trial court errs in failing to appoint counsel to repesent defendant at competency hearing. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
B193079
|
People v. Fluker
Court cannot impose upper term sentence based entirely on facts neither admitted by defendant nor found true by jury. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
B192752
|
People v. Feyrer
Trial court has discretion to reduce 'wobbler' offense to misdemeanor despite admission of sentence enhancement. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
A109149
|
People v. Sullivan
Bank robber unsuccessfully challenges conviction on grounds of vagueness and invalid waiver of right to counsel. |
Criminal Law and Procedure |
|
May 30, 2007 | |
|
B190062
|
DePalma v. Rodriguez
Court properly admits biomechanic's expert testimony that he would not expect force of motor vehicle accident to result in plaintiff's injuries. |
Criminal Law and Procedure |
|
May 29, 2007 | |
|
B197193
|
In re Gray
Petitioner's due process rights violated where governor's reversal of parole recommendation not supported by 'some evidence' that second degree murder was 'especially heinous.' |
Criminal Law and Procedure |
|
May 29, 2007 | |
|
C050683
|
People v. Gunder
Admission of videotape and transcript of witness's pre-trial interview does not violate right to confrontation where witness claims complete memory loss. |
Criminal Law and Procedure |
|
May 29, 2007 | |
|
C051736
|
People v. Waymire
Court properly imposes upper term where defendant admitted to violating his probation. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
B190270
|
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge. |
Criminal Law and Procedure |
|
May 23, 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 |
|
May 23, 2007 | |
|
06-10398
|
U.S. v. Orman
Defendant is properly convicted of unlawful possession of firearm where he admitted to carrying handgun inside mall. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
06-15094
|
Foote v. Del Papa
In habeas corpus petition case, court's rejection of 'conflict of interest' claim does not contravene established federal law. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
05-50698
|
U.S. v. Ingham
If defendant admits to leading drug smuggling conspiracy, no explicit finding where defendant exercised control over co-conspirators is necessary to impose sentencing enhancement. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
B189649
|
People v. Lozano
Court’s improper imposition of upper term sentence is valid where the sentencing error is harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
May 22, 2007 | |
|
06-30389
|
U.S. v. Meiners
15-year sentence for convicted child pornography distributor does not violate Eighth Amendment because it is not grossly disproportionate to the crime. |
Criminal Law and Procedure |
|
May 22, 2007 | |
|
S130489
|
People v. Superior Court (Decker)
Defendant, alleged to have solicited an undercover detective to kill his own sister along with her friend, can be charged with their attempted murder. |
Criminal Law and Procedure |
|
May 22, 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 |
|
May 18, 2007 | |
|
H029406
|
Dept. of the California Highway Patrol v. Superior Court (Quigley)
Law enforcement properly denies 'fix-it' ticket where nine helmet law violations show 'persistent neglect'. |
Criminal Law and Procedure |
|
May 18, 2007 | |
|
B188368
|
People v. Towers
Absent factual evidence of conduct, oral copulation by 'threatening retaliation' is not prior serious felony conviction that qualifies as strike. |
Criminal Law and Procedure |
|
May 18, 2007 | |
|
B183412
|
People v. Cervantes
Settled statement must be vacated where defense counsel absent, witness testimony missing, and judge lacks recollection of proceedings. |
Criminal Law and Procedure |
|
May 17, 2007 | |
|
S042659
|
People v. Cook
Electrophoretic testing combining scattered stains to show single blood source is admissible scientific evidence against capital defendant. |
Criminal Law and Procedure |
|
May 17, 2007 |
