| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B188042
|
People v. Lincoln
Court exceeds its jurisdiction after remand where it modified prison sentence following directions to lift stay. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
E039518
|
People v. Allen
Defendant did not have constitutional right to testify at his SVP recommitment trial over his attorney's objection. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
05-50719
|
U.S. v. Martinez-Rodriguez
When sentencing enhancement increases recidivist defendant's maximum possible sentence, defendant's recidivism need not be charged or proven beyond reasonable doubt. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
D049604
|
People v. Burch
Trial court did not abuse its discretion when it refused to bifurcate trial on prior convictions from trial on underlying charges. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
D047721
|
People v. Brown
Double punishment prohibition in Penal Code is not violated where assault with deadly weapon occurred after attempt to commit robbery ended. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
B188695
|
Barsamyan v. Appellate Division of the Superior Court of Los Angeles County (People)
Good cause existed for trial court to continue misdemeanor matter, thereby triggering new 10-day grace period. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
F047476
|
People v. Flores
Despite sexually violent predator's decision to undergo castration, jury's finding of future dangerousness was supported by substantial evidence. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
C052035
|
Shannon T., a Minor
Juvenile court's finding that minor committed sexual battery is proper where evidence shows he acted with requisite purpose. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
F048799
|
People v. Mutuma
Determination whether predicate offenses involve 'safe operation of motor vehicle upon highway' is question of law for judge, not jury. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
E039985
|
People v. Plengsangtip
Physical evidence and testimony contradicting denial of friend's involvement in murder supports finding of accessory charge at preliminary hearing. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
S125236
|
People v. Chacon
Defense of entrapment by estoppel is not available to defendant who allegedly relied on advice of city attorney. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
06-30204
|
U.S. v. Ross
Supervised release condition forbidding defendant from associating with white supremacist members is proper where it is reasonably related to protection of public. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
A109650
|
People v. Bueno
Where People failed to prove prior conviction for battery with serious bodily injury was serious felony, offense did not qualify as 'strike.' |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B188113
|
People v. Demirdjian
Two consecutive terms of 25 years to life with possibility of parole are upheld even though defendant was juvenile at time of murders. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B186687
|
People v. Grandy
Defendant who aims gun and pulls trigger has 'discharged' firearm for purposes of sentencing enhancement. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B188049
|
People v. McCray
Requiring convicted felons to provide DNA samples which may be shared with international entities does not violate constitutional privacy rights. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B189791
|
People v. Segura
Trial court had continuing authority to modify terms and conditions of probation, even over prosecutor's objection and despite plea agreement. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
C044770
|
People v. Tackett
In DUI case, evidence is inadmissible to show that driver was person other than defendant. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
A111925
|
In re Elkins
Aggravating factors of crime did not support governor's denial of parole for inmate who made exemplary rehabilitative progress during lengthy incarceration. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
A110370
|
People v. Poindexter
'Substantial period of watching and waiting' is required for lying-in-wait first degree murder, as well as for lying-in-wait special circumstance. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B187029
|
People v. Hannibal
Commitment order is proper where defendant's challenges to denial of self-representation request, and relitigation of his mental state, fail. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
05-50698
|
U.S. v. Ingham
If defendant admits to leading drug smuggling conspiracy, no explicit finding whether defendant exercised control over co-conspirators is necessary to impose sentencing enhancement. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B192395
|
Ramos v. Superior Court (People)
Good cause attributed from one jointly charged codefendant to another does not permit continuing preliminary hearing for both defendants beyond 60 days. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
E039738
|
People v. Vargas
Commission of robbery while awaiting delayed sentencing hearing is violation of 'Cruz' waiver punishable by maximum term sentence. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
G036049
|
People v. Chaney
Objection based on defendant's inability to cross-examine out-of-court witness at trial does not preserve claim for violation of Confrontation Clause on appeal. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
E039093
|
People v. Scott
Father convicted of incestuous conduct with adult daughter cannot assert due process rights where statute serves legitimate state interest. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
B190720
|
People v. Cooper
Confrontation Clause precludes neither videotaped evidence depicting elder's mental status and house condition nor expert opinion based on hearsay in interviews. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
05-30347
|
U.S. v. Lopez
Motion to suppress evidence is properly denied where there was probable cause to believe that defendant was accessory to crime. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
05-17131
|
Robbins v. Carey
Federal district court is not required to consider sua sponte stay-and-abeyance procedure for writ petitions. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
05-16650
|
Summers v. Schriro
Of-right proceeding is form of direct review that delays start of limitations period for plea-convicted defendants seeking habeas corpus relief. |
Criminal Law and Procedure |
|
Mar. 16, 2007 |
