| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-50253
|
U.S. v. Mohamed
Sentence of defendant who falsely reported terrorist threat is upheld, despite district court's departure from range of advisory sentencing guidelines. |
Criminal Law and Procedure |
|
Nov. 2, 2006 | |
|
03-99001
|
Hovey v. Ayers
Where defendant admitted acts that led to death of kidnapped victim, conviction is proper even though court found errors in guilt-phase. |
Criminal Law and Procedure |
|
Nov. 2, 2006 | |
|
05-30397
|
U.S. v. Battershell
In child pornography case, court's denial of motion to suppress evidence is proper where warrant application to search computer established probable cause. |
Criminal Law and Procedure |
|
Nov. 1, 2006 | |
|
05-10360
|
U.S. v. Valdez-Santos
Although defendant's connection to offense ended in Central District, transfer of venue was proper in light of continuing nature of crime. |
Criminal Law and Procedure |
|
Nov. 1, 2006 | |
|
C051402
|
People v. Baldwin
Trial court's closure of courtroom during minor's testimony about sexual molestation violated defendant's Sixth Amendment right to public trial. |
Criminal Law and Procedure |
|
Nov. 1, 2006 | |
|
E038743
|
People v. Thompson
Developmentally disabled woman who had some notion of what 'sex' is was still incapable of giving legal consent. |
Criminal Law and Procedure |
|
Nov. 1, 2006 | |
|
C050332
|
People v. Matye
Person whose ability to perform normal activities is limited in some significant manner qualifies as 'dependent adult' under Penal Code Section 368. |
Criminal Law and Procedure |
|
Nov. 1, 2006 | |
|
B187352
|
People v. Jeffery
Where offender was convicted of drug possession and transportation, court should have specified reasons for not committing her to rehabilitation center. |
Criminal Law and Procedure |
|
Nov. 1, 2006 | |
|
04-50157
|
U.S. v. Lyons
Mail fraud conviction is proper where defendant mailed fraudulent celebrity memorabilia to be resold. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
05-15757
|
King v. Lamarque
By merely challenging adequacy of state procedural rule deemed ambiguous, petitioner shifted burden to government to prove otherwise. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
04-17517
|
Taylor v. Lewis
Sentence of 25 years to life for possession of 0.036 grams of cocaine under Three-Strikes law does not violate Eighth Amendment. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
05-30076
|
U.S. v. Larson
Offenders' rights were not violated when they were prohibited from cross-examining witnesses about sentences they would receive in exchange for testimony. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
C048707
|
People v. Harrisson
Condition of probation precluding possessor of child pornography from accessing Internet was not unduly restrictive. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
B176739
|
People v. Maldonado
For purposes of proving pattern of criminal gang activity, assault with firearm is predicate offense under Penal Code Section 186.22(e)(1). |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
06-99001
|
Allen v. Ornoski
Because death row inmate's 'Lackey' claim is second or successive application, it was properly dismissed. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
04-10597
|
U.S. v. Serna
State court conviction for possession of assault weapon was not crime of violence for purposes of Federal Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
B184264
|
People v. Davis
Where drugs were found in garage, there was insufficient evidence to support finding that offender possessed them for sale in 'public area.' |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
B177435
|
People v. Ranger Insurance Co.
Denial of surety's motion to exonerate bond is not proper where it has no time constraints to file motion. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
B182641
|
Carter v. Superior Court (People)
Where strict criteria was not satisfied, court could not force offender to undergo drug therapy to restore his competency for trial. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
C049453
|
People v. Vance
Extension of state hospital commitment is not proper where court did not formally instruct jury on defendant's restraints in courtroom. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
H026515
|
People v. Viray
While interrogation of offender did violate her right to counsel, its admission into evidence was proper for failure to object. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
G034752
|
People v. Gomez
Immediate presence requirement of robbery need not be satisfied at time of initial taking of property. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
B180257
|
People v. Hernandez
Trial court erred in ordering two commitments to run concurrently for accused previously found not guilty by insanity. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
03-50496
|
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-30067
|
U.S. v. Speelman
The court properly interpreted sentencing guidelines when it applied four-level enhancement to sexual offender. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-10079
|
U.S. v. Willis
Where officers have probable cause to believe traffic violation occurred, they may conduct traffic stop even if stop serves another purpose. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-30393
|
U.S. v. Ladwig
Defendant's prior conviction for making harassing telephone call is 'violent felony' within meaning of Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-35305
|
Burnett v. Lampert
Defendant's release on parole and subsequent reimprisonment due to parole violation render his habeas corpus petition in federal court moot. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-56805
|
Espinoza-Matthews v. People
Statute of limitations for petition for writ of habeas corpus is tolled because petitioner was denied access to his legal materials. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
B180415
|
In re Rocha
Offender's murder conviction is set aside because defense counsel's ineffective assistance rendered trial unfair. |
Criminal Law and Procedure |
|
Oct. 24, 2006 |
