Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C081843
|
Modification: People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights. |
Criminal Law and Procedure |
|
W. Murray | Sep. 20, 2021 |
G059299
|
People v. Barboza
When a trial court had struck a jury's special circumstance enhancement findings, those findings could not be used to preclude a resentencing hearing. |
Criminal Law and Procedure |
|
E. Moore | Sep. 17, 2021 |
E074962
|
People v. Eynon
Defendant's admission that he was liable for murder under then-existing felony murder law did not preclude him from a rehearing when felony murder laws were amended. |
Criminal Law and Procedure |
|
F. Menetrez | Sep. 17, 2021 |
F079501
|
People v. Montoya
In an ineffective counsel inquiry, counsel has some discretion to determine if a defense is viable and whether to bring that defense to the attention of a defendant. |
Criminal Law and Procedure |
|
J. Detjen | Sep. 17, 2021 |
19-30266
|
U.S. v. Schaefer
After a defendant had previously waived his right to counsel, the district court properly denied defendant's request to reappoint counsel after the jury had been impaneled. |
Criminal Law and Procedure |
|
C. Bea | Sep. 17, 2021 |
18-16547
|
Cooper v. Newsom
District attorneys' appeal to intervene as defendants was not moot because California's execution protocol could reasonably be expected to start up again. |
Criminal Law and Procedure |
|
W. Fletcher | Sep. 17, 2021 |
16-99009
|
Bolin v. Davis
A defendant was properly denied federal habeas relief because a reasonable jurist could conclude that defendant had effective counsel. |
Criminal Law and Procedure |
|
D. Bress | Sep. 16, 2021 |
19-16450
|
Coston v. Nangalama
Because a prison's doctor failed to follow mandatory policy regarding narcotic medication, the doctor was not entitled to a jury instruction of deference towards the doctor. |
Criminal Law and Procedure |
|
M. Simon | Sep. 16, 2021 |
D077029
|
People v. Lopez-Vinck
Although defendant was several feet away when he brandished a knife, a reasonably jury could find that defendant engaged in an act that was likely to cause injury. |
Criminal Law and Procedure |
|
C. Aaron | Sep. 16, 2021 |
B308386
|
People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism. |
Criminal Law and Procedure |
|
E. Lui | Sep. 14, 2021 |
C090014
|
People v. Bharth
There was no confrontational right violation when the court allowed a victim suffering from trauma to turn her chair away from defendant to complete the victim's testimony. |
Criminal Law and Procedure |
|
E. Duarte | Sep. 14, 2021 |
D076919
|
People v. Haro
Because a defendant did not have fair notice, the trial court erred in imposing a 20-kilogram weight enhancement that was not pleaded. |
Criminal Law and Procedure |
|
C. Aaron | Sep. 13, 2021 |
C088883
|
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. |
Criminal Law and Procedure |
|
W. Murray | Sep. 13, 2021 |
18-99009
|
Jurado v. Davis
A videotape proffered by defendant purportedly showing his remorse was properly excluded because there was no substantial evidence of trustworthiness or reliability. |
Criminal Law and Procedure |
|
S. Thomas | Sep. 13, 2021 |
16-99010
|
Ervin v. Davis
Rejecting defendant's claim of racially-motivated peremptory strikes was unreasonable because the district court ignored relevant factors. |
Criminal Law and Procedure |
|
J. Owens | Sep. 13, 2021 |
18-36083
|
Chavez v. Robinson
Because defendant's statements were not used against him in a criminal case, defendant could not bring a civil action for damages against the government. |
Criminal Law and Procedure |
|
S. Ikuta | Sep. 9, 2021 |
20-50257
|
U.S. v. Green
When defendant visited a pornographic website, he violated the terms of his supervised released that forbade him from patronizing any place where sexually explicit materials are the primary material available. |
Criminal Law and Procedure |
|
C. Callahan | Sep. 9, 2021 |
F080837
|
Modification: People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. |
Criminal Law and Procedure |
|
D. Franson | Sep. 9, 2021 |
D078183
|
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty. |
Criminal Law and Procedure |
|
T. Do | Sep. 7, 2021 |
20-35395
|
U.S. v. Juliano
Counsel's failure to anticipate legislation that reduced minimum sentences was not objectively unreasonable given that it was unclear whether it would become law at time of defendant's sentencing. |
Criminal Law and Procedure |
|
L. VanDyke | Sep. 7, 2021 |
A160384
|
People v. Grabham
Dual convictions of Vehicle Code Sections 23152(a) and 23152(b) prohibiting driving under the influence are 'both possible and proper.' |
Criminal Law and Procedure |
|
T. Brown | Sep. 3, 2021 |
S256914
|
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. |
Criminal Law and Procedure |
|
L. Kruger | Sep. 3, 2021 |
A154032
|
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
D. Chou | Sep. 2, 2021 |
A159679
|
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction. |
Criminal Law and Procedure |
|
T. Stewart | Sep. 1, 2021 |
B310336
|
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor. |
Criminal Law and Procedure |
|
M. Tangeman | Sep. 1, 2021 |
C083772
|
Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. |
Criminal Law and Procedure |
|
W. Murray | Aug. 31, 2021 |
S263588
|
Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. |
Criminal Law and Procedure |
|
M. Cuéllar | Aug. 31, 2021 |
20-15958
|
U.S. v. Pollard
Nothing in record objectively demonstrated defendant would not have pled guilty had he known of 18 U.S.C. Section 922(g)(1)'s knowledge-of-status element. |
Criminal Law and Procedure |
|
R. Nelson | Aug. 30, 2021 |
C080978
|
Modification: People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records. |
Criminal Law and Procedure |
|
E. Duarte | Aug. 27, 2021 |
S171393
|
People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket. |
Criminal Law and Procedure |
|
G. Liu | Aug. 27, 2021 |