| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-507
|
Mays v. Hines
Federal appellate court improperly disregarded overwhelming evidence of defendant's guilt which supported state court's conclusion and instead focused on alternative suspect. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Mar. 30, 2021 |
|
E074122
|
People v. Pettigrew
Trial court erred by instructing jury on 'flight' instruction because defendant was found in bed, but error was harmless. |
Criminal Law and Procedure |
|
A. McKinster | Mar. 29, 2021 |
|
A157236
|
People v. Southard
Trial court's use of language from a case involving a motion to suppress as a basis for a special jury instruction was improper. |
Criminal Law and Procedure |
|
J. Richman | Mar. 26, 2021 |
|
B303013
|
People v. Moine
Trial court abused its discretion in finding diversion would pose an unreasonable risk of danger to public safety. |
Criminal Law and Procedure |
|
R. Federman | Mar. 26, 2021 |
|
S247278
|
In re Humphrey
Common practice of conditioning freedom solely on whether arrestee can afford bail is unconstitutional. |
Criminal Law and Procedure |
|
M. Cuéllar | Mar. 26, 2021 |
|
B297845
|
People v. Tran
Eleven-year span between filing of Sexually Violent Predators Act petition and retrial did not violate defendant's due process right because continuances requested by defense benefited him. |
Criminal Law and Procedure |
|
J. Ashmann-Gerst | Mar. 25, 2021 |
|
C090409
|
People v. Curry
Defendant may ask trial court for mental health diversion under Penal Code Section 1001.36 until sentencing and entry of judgment. |
Criminal Law and Procedure |
|
J. Renner | Mar. 24, 2021 |
|
E071542
|
People v. Miranda
Trial court was required to instruct jury on battery as lesser included offense as to one of defendant's crimes, oral copulation of an unconscious person. |
Criminal Law and Procedure |
|
M. Raphael | Mar. 22, 2021 |
|
F078693
|
People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Snauffer | Mar. 22, 2021 |
|
D076086
|
People v. Paredes
Sufficient evidence supported defendant's convictions for offering or delivering compensation for workers' compensation patient referrals. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 16, 2021 |
|
08-99012
|
Walden v. Shinn
District court properly denied petitioner habeas relief as to his claim based on trial court's denial of his motion to sever the counts by victim. |
Criminal Law and Procedure |
|
S. Thomas | Mar. 15, 2021 |
|
A158234
|
People v. Sommer
Defendant psychologist tricked his patient into allowing him to touch her breast on pretext it served professional purpose; thus, defendant's conviction for sexual battery by fraudulent representation was affirmed. |
Criminal Law and Procedure |
|
I. Petrou | Mar. 10, 2021 |
|
E074698
|
People v. Hawara
Because witnesses offered opinion testimony to defendant's good character, prosecutor properly cross-examined witnesses on whether their opinion regarding defendant's character would change if they knew of defendant's instances of bad character. |
Criminal Law and Procedure |
|
M. Ramirez | Mar. 10, 2021 |
|
D077174
|
People v. Williams
While a continuance would cause some amount of inconvenience, a defendant's constitutional right to chosen counsel must be respected. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 8, 2021 |
|
19-50189
|
U.S. v. Rundo
The Anti-Riot Act prohibition against the advocacy of imminent riots held not constitutionally overbroad in violation of the First Amendment. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Mar. 5, 2021 |
|
18-30206
|
U.S. v. Thompson
A forfeiture under 18 U.S.C. Section 981 cannot be extended beyond the tainted property and proceeds traceable to it. |
Criminal Law and Procedure |
|
A. Kleinfeld | Mar. 4, 2021 |
|
B302061
|
People v. Byers
Possession of pornography properly admitted to show defendant's motive or intent in committing sexual assault and it was not outweighed by undue prejudice. |
Criminal Law and Procedure |
|
M. Tangeman | Mar. 2, 2021 |
|
B296856
|
People v. Foster
Evidence of defendant shooting into group of men where there was no indication that defendant had primary target was sufficient to establish attempted murder. |
Criminal Law and Procedure |
|
R. Federman | Mar. 2, 2021 |
|
D076500
|
In re Kavanaugh
Parole regulations implemented under Proposition 57 were constitutional and did not conflict with Article I, Section 32 of California Constitution's guarantee of parole consideration. |
Criminal Law and Procedure |
|
J. McConnell | Mar. 1, 2021 |
|
C087289
|
People v. Lyon
Defendant's conviction for recording confidential communications was proper because prostitutes have an expectation of privacy in their communications during sexual encounters at a client's residence. |
Criminal Law and Procedure |
|
E. Duarte | Feb. 26, 2021 |
|
E073176
|
People v. Blanco
Conviction for bringing controlled substance into penal institution under Penal Code Section 4573 reversed because omitting usable amount element from jury instructions was prejudicial error. |
Criminal Law and Procedure |
|
D. Miller | Feb. 26, 2021 |
|
A160437
|
People v. Freeman
Petitioner not entitled to 'People v. Wende' review, because appeal was not first appeal of right from judgment of criminal conviction. |
Criminal Law and Procedure |
|
A. Tucher | Feb. 24, 2021 |
|
19-16591
|
U.S. v. Olson
District court properly denied defendant's 28 U.S.C. Section 2255 motion seeking to vacate his sentence under claim of ineffective assistance of counsel because right to counsel had not yet attached. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Feb. 23, 2021 |
|
C089228
|
People v. Figueras
'Wende' procedure does not apply to appeal from order denying postconviction petition seeking relief pursuant to Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
V. Raye | Feb. 23, 2021 |
|
20-50248
|
U.S. v. Repp
Because defendant's motion was not a final or appealable collateral order, there was no jurisdiction over his appeal. |
Criminal Law and Procedure |
|
R. Tallman | Feb. 19, 2021 |
|
B305359
|
People v. Flores
Substantial evidence supported trial court's conclusion that defendant's suspicious ducking and crouching actions meant a 'Terry' stop was proper. |
Criminal Law and Procedure |
|
J. Wiley | Feb. 18, 2021 |
|
D076917
|
People v. Rodriguez
Petitioner entitled to relief under Penal Code Section 1473.7 since it had not been established that he meaningfully understood he would become deportable due to plea. |
Criminal Law and Procedure |
|
J. McConnell | Feb. 18, 2021 |
|
H043029
|
People v. Dryden
Trial court abused its discretion by admitting an earlier uncharged and dissimilar act that defendant's state of mind could not reasonably be inferred from. |
Criminal Law and Procedure |
|
A. Grover | Feb. 18, 2021 |
|
B300410
|
People v. Harris
Trial court improperly engaged in factfinding without issuing order to show cause and holding an evidentiary hearing pursuant to Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
D. Perluss | Feb. 17, 2021 |
|
D076712
|
People v. Marrero
Trial court's restitution order covering travel expenses was reversed because it failed to provide defendant adequate notice that travel expenses were at issue after explicitly limiting hearing to attorney's fees. |
Criminal Law and Procedure |
|
P. Guerrero | Feb. 16, 2021 |
