| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-99017
|
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit. |
Criminal Law and Procedure |
|
Nov. 29, 2004 | |
|
H025873
|
People v. Vy
Attempted murder can be predicate crime for jury's determination of 'primary activities' prong of gang enhancement. |
Criminal Law and Procedure |
|
Nov. 29, 2004 | |
|
A104284
|
People v. Campbell
Defendant may challenge sentence when court erred in allowing him to choose his own treatment in exchange for sentence. |
Criminal Law and Procedure |
|
Nov. 26, 2004 | |
|
E033333
|
People v. Felton
Trial court's failure to give instruction on accomplice liability was harmless because contested testimony was adequately corroborated. |
Criminal Law and Procedure |
|
Nov. 19, 2004 | |
|
04-5323
|
Smith v. Texas
Nullification instruction that did not allow jury to give full effect to defendant's mitigating evidence was unconstitutional. |
Criminal Law and Procedure |
|
Nov. 18, 2004 | |
|
C036988
|
People v. Edmonton
Prosecution did not rely on legally insufficient theory in establishing element of duress. |
Criminal Law and Procedure |
|
Nov. 16, 2004 | |
|
B169749
|
People v. Chan
Sex offender who willfully provided inaccurate address is guilty of failure to register. |
Criminal Law and Procedure |
|
Nov. 16, 2004 | |
|
A093759
|
People v. Barker
Defendant cannot assert forgetfulness as defense for failing to register as sex offender. |
Criminal Law and Procedure |
|
Nov. 16, 2004 | |
|
B145982
|
People v. Wilkinson
Evidentiary hearing is proper to determine admissibility of polygraph test proffered by defendant. |
Criminal Law and Procedure |
|
Nov. 15, 2004 | |
|
G029525
|
People v. Briceno
Defendant's prior convictions are not serious felonies for purpose of imposing sentence enhancements on current convictions. |
Criminal Law and Procedure |
|
Nov. 15, 2004 | |
|
02-30429
|
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense. |
Criminal Law and Procedure |
|
Nov. 10, 2004 | |
|
01-10298
|
U.S. v. Arellano-Gallegos
District court's failure to ascertain whether defendant's waiver of appeal was knowing and voluntary before acceptance of plea was plain error. |
Criminal Law and Procedure |
|
Nov. 10, 2004 | |
|
03-50444
|
U.S. v. Castro
Post-'Blakely' uncertainty sends case back to district court for resentencing. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
03-30420
|
U.S. v. You
Retrial due to inability to secure certified translator did not violate prohibition against double jeopardy. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
04-10097
|
Doe v. U.S.
Since government subpoena duces tecum did not identify documents with particularity, government could not claim that existence and possession were foregone conclusions. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
03-30262
|
U.S. v. Gourde
Affidavit supporting search of defendant's home for child pornography lacked probable cause. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
01-99008
|
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
02-36043
|
Smith v. State
Habeas petitioner fails to establish cause to excuse procedural default. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
03-50300
|
U.S. v. Staves
Undercover agents were not required to use cloned cellphones before applying for wiretap order. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
03-30306
|
U.S. v. Kaur
District court properly instructed jury on required mental state for conviction on drug-related offense. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
S126653
|
People v. Martinez
Sufficient evidence supports defendant's conviction for active participation in street gang. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
S126183
|
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 |
|
Nov. 9, 2004 | |
|
S126806
|
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
B165551
|
People v. O'Neal
Trial court may grant restitution for psychological treatment expenses of brother of girl who was sexually molested by defendant. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
S067491
|
In re Seaton
Failure to raise issues about which petitioner had evidence at trial precludes consideration of those issues in habeas corpus proceeding. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
D042215
|
People v. Ochoa
Perjury advisement to witness who was about to recant her rape allegation did not violate defendant's constitutional rights. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
03-10081
|
People v. Quidachay
Defendant committed sexual assault by commanding victim to penetrate herself. |
Criminal Law and Procedure |
|
Nov. 8, 2004 | |
|
03-10001
|
U. S. v. Dhingra
Federal law criminalizing use of Internet to solicit sex with minors does not violate First Amendment. |
Criminal Law and Procedure |
|
Nov. 4, 2004 | |
|
02-50603
|
U.S. v. Morgan
Sentencing court must exclude interest and finance charges from total amount of loss to victims in bank fraud case. |
Criminal Law and Procedure |
|
Nov. 4, 2004 | |
|
S011960
|
People v. Coffman
Defendant's murder conviction and death sentence are affirmed. |
Criminal Law and Procedure |
|
Nov. 4, 2004 |
