| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S117641
|
People v. Briceno
Additions to list of serious felonies include felony committed for benefit of gang and active participation in gang. |
Criminal Law and Procedure |
|
Jan. 9, 2005 | |
|
03-30474
|
U.S. v. Adams
Individual can be guilty of violating federal forest regulation pertaining to groups. |
Criminal Law and Procedure |
|
Jan. 9, 2005 | |
|
C040891
|
People v. Adams
Admission of victim's statements to sheriff deputy violates defendant's right to confront witnesses against him. |
Criminal Law and Procedure |
|
Jan. 7, 2005 | |
|
E033503
|
People v. Poslof
State must prove actual knowledge of sex offender's duty to register in location of each residence but not length of stay. |
Criminal Law and Procedure |
|
Jan. 5, 2005 | |
|
E034071
|
People v. Joy
Imposition of upper term does not require jury findings of aggravating circumstances. |
Criminal Law and Procedure |
|
Jan. 4, 2005 | |
|
02-30326
|
U.S. v. Ameline
Defendant convicted of conspiring to distribute drugs is entitled to jury trial regarding amount of drugs. |
Criminal Law and Procedure |
|
Jan. 3, 2005 | |
|
B163793
|
People v. Aguilar
Defendant who dragged victim to unlit area to rape her without detection is guilty of aggravated kidnapping. |
Criminal Law and Procedure |
|
Dec. 30, 2004 | |
|
S113929
|
People v. Brown
Expert testimony regarding battered women's syndrome is admissible despite single instance of domestic violence. |
Criminal Law and Procedure |
|
Dec. 28, 2004 | |
|
03-931
|
Florida v. Nixon
Attorney's concession of client's guilt without express consent is not automatically ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Dec. 14, 2004 | |
|
S128561
|
People v. Sample
Defendant is barred from raising claim of 'Blakely' error on appeal. |
Criminal Law and Procedure |
|
Dec. 8, 2004 | |
|
B171673
|
Blair v. Superior Court (People)
County's failure to resend juror questionnaires to nonresponders cannot be basis for court's finding of systematic exclusion. |
Criminal Law and Procedure |
|
Dec. 7, 2004 | |
|
02-56484
|
Medina v. Hornung
State court's harmless error determination can be unreasonable application of federal law only after determination of objective unreasonableness and Brecht analysis. |
Criminal Law and Procedure |
|
Dec. 6, 2004 | |
|
03-50067
|
U.S. v. Cunag
Defendant had no reasonable expectation of privacy in hotel room procured with forged documents and dead woman's credit card. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
03-35294
|
Casey v. Moore
Petitioner did not fairly present federal claims when raised for first time in petition for discretionary review to state supreme court. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
E034840
|
People v. Sheek
Paroled defendant who did not receive 90 days' treatment cannot be categorized as mentally disordered offender. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
C045277
|
People v. Jones
Defendant's acknowledgment in plea agreement that he may be exposed to statutory maximum sentence is sufficient factual basis for sentence. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
S110377
|
People v. Williams
Prior conviction enhancement may be added to defendant's third strike sentence for each new offense. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
F042778
|
People v. Wallace
Spouse can be guilty of vandalism to community and separate property inside marital home. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
B169504
|
People v. Stone
Restraining order issued after jury instructions but before jury voted to convict is invalid. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
D043006
|
People v. Pleasant
Defendant who lived with probationer had no reasonable expectation of privacy in shared areas of residence. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
G031779
|
In re D.W.
Material witness committed for being uncooperative must have counsel and opportunity to challenge allegations. |
Criminal Law and Procedure |
|
Dec. 5, 2004 | |
|
03-55784
|
Stevenson v. Lewis
State court's decision to apply vicinage clause is not contrary to federal law where no Supreme Court precedent exists. |
Criminal Law and Procedure |
|
Nov. 30, 2004 | |
|
03-30269
|
U.S. v. Montgomery
Defendant's conviction is reversed because evidence admitted against him violated marital privilege. |
Criminal Law and Procedure |
|
Nov. 30, 2004 | |
|
E034238
|
People v. Philpot
Defendant who stole automobile with attached trailer is guilty of two counts of vehicle theft. |
Criminal Law and Procedure |
|
Nov. 30, 2004 | |
|
03-50442
|
U.S. v. Camper
Defendant who falsified questionnaire to obtain airport security badge is guilty of making false statement. |
Criminal Law and Procedure |
|
Nov. 30, 2004 | |
|
01-56963
|
Hunt v. Pliler
District court abused its discretion in dismissing habeas petition without making de novo review of magistrate judge's order. |
Criminal Law and Procedure |
|
Nov. 30, 2004 | |
|
02-57136
|
Swift v. State of California
Parole officers are not absolutely immune from suits arising from conduct distinct from their parole authority. |
Criminal Law and Procedure |
|
Nov. 29, 2004 | |
|
04-10095
|
U.S. v. Atondo-Santos
Court reassignment is appropriate when district court attempted to impose identical sentence after its two previous sentences were reversed. |
Criminal Law and Procedure |
|
Nov. 29, 2004 | |
|
02-10203
|
U.S. v. Hayes
Defendant is not entitled to reimbursement of restitution payments he made subject to criminal judgment that was later vacated. |
Criminal Law and Procedure |
|
Nov. 29, 2004 | |
|
A101223
|
People v. Pantoja
Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy. |
Criminal Law and Procedure |
|
Nov. 29, 2004 |
