| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S137137
|
People v. Leon
Where none of defendants' proposed alternatives offered realistic prospect of exposing conspiracy, evidence seized from wiretaps was admissible. |
Criminal Law and Procedure |
|
Feb. 2, 2007 | |
|
05-50124
|
U.S. v. Arnt
District court committed reversible error in refusing to give involuntary manslaughter instruction as lesser included offense. |
Criminal Law and Procedure |
|
Feb. 2, 2007 | |
|
05-30177
|
U.S. v. Ziegler
Where employer had third party consent to search employee's office and computer, court properly denied employee's motion to suppress evidence of child pornography. |
Criminal Law and Procedure |
|
Feb. 2, 2007 | |
|
05-50783
|
U.S. v. Tatoyan
There was no error in district court's jury instructions on bulk cash smuggling counts, however case is remanded for resentencing. |
Criminal Law and Procedure |
|
Feb. 2, 2007 | |
|
B169971
|
People v. Dolly
Evidence obtained from warrantless search of car based on anonymous phone tip is admissible. |
Criminal Law and Procedure |
|
Feb. 1, 2007 | |
|
H029017
|
People v. Superior Court (Walker)
Where contraband would have inevitably been discovered, university officer's lack of authority to consent to search of dorm room was not fatal. |
Criminal Law and Procedure |
|
Feb. 1, 2007 | |
|
B193724
|
People v. McEwan
Appeal challenging validity of no contest plea is dismissed where court denied certificate of probable cause. |
Criminal Law and Procedure |
|
Feb. 1, 2007 | |
|
D047249
|
People v. Flores
Defendant's conviction is reversed where court failed to instruct jury that prosecution had burden to prove each element of charged offense beyond reasonable doubt. |
Criminal Law and Procedure |
|
Feb. 1, 2007 | |
|
05-10640
|
U.S. v. Black
Totality of circumstances presented by domestic abuse complaint may justify warrantless search of suspect's residence. |
Criminal Law and Procedure |
|
Jan. 31, 2007 | |
|
F049687
|
Malcolm M., A Minor
Minor cannot be found liable as accessory after fact to possession of assault weapon where his actions render him principal in offense. |
Criminal Law and Procedure |
|
Jan. 31, 2007 | |
|
04-72270
|
International Chemical Workers Union Council of the United Food & Commercial Workers International and Its Local IC v. NLRB
Company's failure to disclose financial records to labor union during negotiations amounted to bad faith bargaining. |
Criminal Law and Procedure |
|
Jan. 31, 2007 | |
|
B186264
|
People v. Coleman
Taking of car keys from victim who is not owner, passenger or driver, and not in proximity to car, does not constitute carjacking. |
Criminal Law and Procedure |
|
Jan. 30, 2007 | |
|
A108741
|
People v. Bufford
Court improperly denied motion to set and impose restitution where court retains jurisdiction until economic losses of victim are determined. |
Criminal Law and Procedure |
|
Jan. 30, 2007 | |
|
C049573
|
People v. Jenkins
Battery convictions are proper where defendant challenges them under constitutional doctrine of double jeopardy. |
Criminal Law and Procedure |
|
Jan. 30, 2007 | |
|
B185265
|
In re Alcox
Attorney's failure to investigate alibi witnesses did not amount to ineffective assistance where accused made incriminating statements concerning guilt. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
C048803
|
People v. Linder
In child abuse case, preponderance of evidence burden of proof applicable to Penal Code Section 803(g) statute of limitations claims is proper. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
B183053
|
People v. Hernandez
Possession of drugs for sale conviction was not proper where court applied wrong standard in denying defendant's request to discharge retained counsel. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
H028674
|
People v. Shazier
In sexually violent predator commitment case, prosecutor committed misconduct because his statements regarding consequences of true finding were deceptive and reprehensible. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
S129896
|
People v. Calhoun
Flight enhancement is imposed where defendant concedes he is guilty of gross vehicular manslaughter as aider and abettor. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
h028821
|
People v. Le
Penal Code's ban on multiple punishments is violated where defendant's robbery and burglary offenses accomplished single intent to steal. |
Criminal Law and Procedure |
|
Jan. 28, 2007 | |
|
D046052
|
People v. Thornton
Evidence did not support finding that reliance by defendants on plea agreement justified specific enforcement of plea agreement. |
Criminal Law and Procedure |
|
Jan. 28, 2007 | |
|
05-6551
|
Cunningham v. California
By placing sentence-elevating fact-finding with judge, state's determinate sentencing law violated defendant's right to trial by jury. |
Criminal Law and Procedure |
|
Jan. 26, 2007 | |
|
04-56231
|
Benitez v. Garcia
State court's decision not to enforce sentencing limitation imposed by Venezuelan extradition order was objectively unreasonable. |
Criminal Law and Procedure |
|
Jan. 26, 2007 | |
|
B173851
|
People v. Leon
Person who uses false name to procure cellular telephone maintains privacy interest in communications over that phone. |
Criminal Law and Procedure |
|
Jan. 25, 2007 | |
|
05-30528
|
U.S. v. Pike
In bank robbery case, court applies incorrect standard of proof in determining whether to impose sentencing enhancement for possession of firearm. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
A114585
|
In re Miller
Board of Parole Hearings was not entitled to rely on unsworn hearsay statements in revoking parole. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
F047425
|
In re Sodersten
Habeas corpus petition is granted where prosecution failed to disclose tape-recorded statements pertaining to key trial witnesses. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
A111109
|
People v. Thomas
Court did not have a duty under 'Apprendi v. New Jersey' to instruct jury on statutory provision extending limitations period for forcible sodomy counts. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
H029248
|
People v. Lopez
Collateral estoppel doctrine was properly applied in SVPA proceeding on issue of whether defendant suffered requisite qualifying prior convictions. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
H028798
|
People v. Nguyen
Sentence increase is proper where prior juvenile adjudication was based on defendant's admission in juvenile court. |
Criminal Law and Procedure |
|
Jan. 23, 2007 |
