| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B178115
|
People v. Carrasco
Firing gun after threat was made and two hours before defendant received money supports allegation of personally discharging firearm during commission of robbery. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
E038165
|
Verdin v. Superior Court (People)
Compelled prosecution mental examination of defendant is not form of discovery prohibited by criminal discovery statutes. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
S131048
|
People v. Shabazz
Convict sentenced to life imprisonment for first degree murder was also subject to sentence enhancement of 25 years to life. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B175147
|
People v. Jantz
Court erred when it failed to give limiting instruction regarding convict's statements to experts concerning his judgment, but error was harmless. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
C049492
|
People v. Accredited Surety and Casualty Co. Inc.
Good cause exists to extend bail bond forfeiture period if surety shows due diligence to locate defendant and bring him into court. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B173591
|
People v. Navarro
Search warrant based on information from alleged attorney's breach of confidentiality need not be quashed. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
G034435
|
People v. Balint
'Dominion and control' clause in search warrant authorizes seizure of open laptop computer since laptop is akin to digital filing cabinet. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B188294
|
People v. Petrisca
Prosecutor's degree of comfort in trying killer of colleague's mother had no bearing on whether conflict of interest warranting recusal existed. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B182028
|
People v. Castro
In felony false imprisonment conviction, court erred in failing to instruct on misdemeanor false imprisonment and error was not harmless. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
G034988
|
People v. Najera
Defense attorney's failure to object to prosecutor's misstatements about law was harmless because defendant was not entitled to manslaughter instruction. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
D045682
|
People v. Markley
In stalking case, equal protection principles are not necessarily implicated where defendant was not entitled to transcript of her prior stalking trial. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
H028212
|
People v. Gonzalez
In multiple, unrelated criminal cases, trial court erred when it failed to award defendant any presentence custody credits for second period of confinement. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
F047368
|
People v. Ryan
Various subdivisions of Penal Code Section 470 set forth different ways of committing forgery and not greater and lesser included offenses. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
C048147
|
People v. Brown
Retrial on counts of aggravated battery and assault was not barred despite People's concession that retrial was improper. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
05-30071
|
U.S. v. Williams
'Intangible rights' theory of mail and wire fraud applied to private individual who breached fiduciary duty owed to vulnerable victim. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
F047242
|
People v. Laughlin
Statute's definition of conduct that is deemed legal equivalent of willful or wanton disregard for safety does not create impermissible mandatory presumption. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
04-10632
|
U.S. v. Curtin
In solicitation of minor case, defendant's possession of stories illustrating sex with children was not part of 'transaction' that led to charges. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
04-10457
|
U.S. v. Transfiguracion
Pursuant to terms of plea agreement, government was prohibited from prosecuting drug offenders on conspiracy charges after dismissal of importation charges. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
04-75715
|
Vasquez-Ramirez v. U.S. District Court (United States of America)
District judge may not reject guilty plea that satisfies requirements of Federal Rule of Criminal Procedure 11(b). |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
05-30434
|
U.S. v. Garcia-Beltran
Government may require offender to submit new fingerprint exemplars to establish his identity at trial for illegal re-entry. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
04-10495
|
U.S. v. Ligon
In theft cases, 'archaeological value' does not come within definition of 'value' as used in 18 U.S.C. Section 641. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
C044660
|
People v. Platz
Mother cannot assert consent defense to kidnapping, which resulted in her child's murder. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
C046556
|
People v. Lamb
Defense counsel's failure to disclose information from its accident reconstruction expert violated discovery rules. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
D045112
|
People v. Christopher
Defendant forfeited right to challenge jury instruction and response to request for clarification on appeal by failing to object at trial. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
B149425
|
People v. Robinson
Improper application of caselaw in considering defendant's challenge to jury selection requires new hearing. |
Criminal Law and Procedure |
|
Aug. 17, 2006 | |
|
F045053
|
People v. Prince
DNA statistics based on defendant's ethnicity as opposed to perpetrator's were proper in light of independent evidence establishing defendant as perpetrator. |
Criminal Law and Procedure |
|
Aug. 17, 2006 | |
|
A101459
|
People v. Wilson
Relevant group for determining DNA probabilities is population of possible suspects, not perpetrator's racial group. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
A085450
|
People v. Johnson
Prosecution's use of peremptory challenges to exclude all African-American jurors was sufficient evidence to prove improper group bias. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
C040754
|
People v. Brendlin
As passenger in car stopped by law enforcement officer, defendant can challenge legality of stop. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
B159379
|
People v. Vasquez
Court's error in denying defendant's motion to recuse district attorney's office was not prejudicial. |
Criminal Law and Procedure |
|
Aug. 16, 2006 |
