| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E031035
|
People v. Lewis
Opinion |
Criminal Law and Procedure |
|
May 19, 2006 | |
|
03-10311
|
U.S. v. Grubbs
Facially defective anticipatory search warrant cannot be cured with affidavit that is not presented to property owner. |
Criminal Law and Procedure |
|
May 5, 2006 | |
|
04-10041
|
U.S. v. Gonzalez Inc.
Evidence used to support issuance of wiretaps failed to meet statutory necessity requirement. |
Criminal Law and Procedure |
|
May 1, 2006 | |
|
05-10060
|
U.S. v. Rutledge
Assets of non-profit corporation controlled by indicted party were not subject to forfeiture where assets were not proceeds of alleged fraud. |
Criminal Law and Procedure |
|
May 1, 2006 | |
|
04-1324
|
Day v. McDonough
District court may, on its own initiative, consider timeliness of state prisoner's habeas petition even if state does not contest petition's timeliness. |
Criminal Law and Procedure |
|
Apr. 26, 2006 | |
|
B181560
|
People v. Fisher
At mentally disordered offender hearing, leg restraints were proper where no objection was made and defendant was escape risk. |
Criminal Law and Procedure |
|
Apr. 24, 2006 | |
|
E036773
|
People v. Fulcher
Present testimony of victim that included additional details of sexual act giving rise to prior conviction was admissible at SVP commitment proceeding. |
Criminal Law and Procedure |
|
Apr. 23, 2006 | |
|
C046556
|
People v. Lamb
Defense counsel's failure to disclose information from its accident reconstruction expert violated discovery rules. |
Criminal Law and Procedure |
|
Apr. 23, 2006 | |
|
01-99015
|
Williams v. Stewart
Convict's petition for post-conviction relief was properly denied where evidence presented against him was sufficient to support death sentence. |
Criminal Law and Procedure |
|
Apr. 19, 2006 | |
|
05-15059
|
Kaua v. Frank
Because public protection finding increased defendant's sentence beyond that authorized by jury's guilty verdict, Sixth Amendment required jury to make finding. |
Criminal Law and Procedure |
|
Apr. 11, 2006 | |
|
05-30045
|
U.S. v. Plouffe
Where district court's sentencing approach was reasoned and addressed applicable statutory factors, defendant's sentence is reasonable and will not be disturbed. |
Criminal Law and Procedure |
|
Apr. 11, 2006 | |
|
F045355
|
People v. Mejia-Lenares
Because imperfect self-defense cannot be based on delusion alone, jurors did not have to be instructed to consider evidence of hallucination. |
Criminal Law and Procedure |
|
Apr. 10, 2006 | |
|
04-10681
|
U.S. v. Russell
Emergency doctrine supported warrantless search of home on suspicion that victim, or suspect was still inside. |
Criminal Law and Procedure |
|
Apr. 10, 2006 | |
|
04-17338
|
Goldyn v. Hayes
Conviction for writing bad checks was improper where accused's bank guaranteed her checks regardless of her account status. |
Criminal Law and Procedure |
|
Apr. 10, 2006 | |
|
05-10073
|
U.S. v. Ye
Appellate jurisdiction does not exist under provision of Economic Espionage Act, but mandamus relief is granted. |
Criminal Law and Procedure |
|
Apr. 10, 2006 | |
|
F047529
|
In re Tate
Defendant's nonviolent in-prison conviction is eligible for sentence term credits where it is separate from his violent out-of-prison conviction. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
G035212
|
County of Orange v. Ranger Insurance Co.
Court did not abuse discretion by delaying bail bond forfeiture in reliance upon defense counsel representations made after speaking with client's sister. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
05-30066
|
U.S. v. Guerrero-Velasquez
For purposes of sentencing guidelines, court must consider charging allegations when determining whether prior conviction under 'Alford' plea is crime of violence. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B178992
|
People v. Harco National Insurance Co.
Because insufficient evidence supports finding of sufficient excuse for defendant's failure to appear, trial court erred in forfeiting bail at later date. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
G034443
|
People v. Smith
In murder case, defendant's statements incriminating codefendant were spontaneous statements under hearsay exception, and did not violate confrontation rights. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
S041630
|
People v. Jablonski
Trial court did not err when it denied defendant's motion for mistrial based on psychiatrist's testimony that defendant was serial killer. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
D044768
|
People v. Quintero
Evidence supports defendant's conviction for aggravated mayhem where reasonable jury could have found beyond reasonable doubt defendant had specific intent to maim. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
S037302
|
People v. Hinton
Capital offender whose allegations of prosecutorial misconduct were unfounded was not entitled to new trial. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B178046
|
People v. Crites
Penal Code bars execution of sentences for 'identical' enhancements, but not procedure of imposing and staying all but greatest enhancement. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B177064
|
People v. Fuller
Three rapes committed against same victim within one hour occurred in 'single occasion' for sentencing purposes. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
D044632
|
People v. Green
In insanity case, where instructions failed to require jury find necessary cognitive or volitional incapacity, error was harmless. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
03-30562
|
U.S. v. Cantrell
Defendants' claims that district court misapplied now-advisory U.S. Sentencing Guidelines are rejected. |
Criminal Law and Procedure |
|
Apr. 6, 2006 | |
|
B181422
|
People v. Vasquez
Defendant's conviction of assault with intent to commit rape is not lesser included offense of attempted forcible rape. |
Criminal Law and Procedure |
|
Apr. 6, 2006 | |
|
04-50608
|
U.S. v. Weaver
Search of suspect's car occurring 10 to 15 minutes after arrest was still contemporaneous and valid. |
Criminal Law and Procedure |
|
Apr. 5, 2006 | |
|
04-928
|
Oregon v. Guzek
State may limit innocence-related evidence that capital defendant can introduce at sentencing to evidence introduced at original trial. |
Criminal Law and Procedure |
|
Apr. 3, 2006 |
