Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-10368
|
U.S. v. Lusby
Sex Offender Registration and Notification Act does not require that defendant's interstate travel not be compelled. |
Criminal Law and Procedure |
|
J. Wallace | Aug. 26, 2020 |
19-55129
|
Abcarian v. Levine
The Hobbs Act does not carry an accompanying civil private right of action for extortion. |
Criminal Law and Procedure |
|
D. Collins | Aug. 26, 2020 |
S132449
|
People v. Peterson
Prospective jurors may not be disqualified from service in a capital case solely because of their general objections to the death penalty. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 25, 2020 |
B300910
|
People v. Valdes
Defendant was entitled to 258 days actual custody credit instead of 257 days. |
Criminal Law and Procedure |
|
A. Gilbert | Aug. 25, 2020 |
C088829
|
People v. Belche
Trial court did not have jurisdiction to find defendant violated probation based on his indecent exposure because defendant's probation had been formally revoked and not reinstated. |
Criminal Law and Procedure |
|
L. Mauro | Aug. 25, 2020 |
20-99010
|
Mitchell v. U.S.
Applicant's motion did not make 'a substantial showing of the denial of a constitutional right,' and thus, certificate of appealability was denied. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Aug. 25, 2020 |
B300182
|
People v. Brooks
Trial court did not abuse its discretion in denying defendant's motion to strike prior serious felony enhancements. |
Criminal Law and Procedure |
|
V. Chaney | Aug. 24, 2020 |
19-30161
|
U.S. v. Cate
Supervised release revocation proceeding is not the proper forum to challenge an underlying conviction. |
Criminal Law and Procedure |
|
A. Tashima | Aug. 24, 2020 |
C088342
|
People v. McGee
Presence of unsealed bag of marijuana plainly visible on passenger's person constitutes probable cause to search passenger's purse. |
Criminal Law and Procedure |
|
R. Robie | Aug. 21, 2020 |
20-99009
|
U.S. v. Mitchell
Defendant had not carried his burden of proving reasonable probability that his execution would be carried out in manner inconsistent with state law under Federal Death Penalty Act. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Aug. 21, 2020 |
16-50213
|
U.S. v. Rodriguez
Defendant was properly convicted under Violent Crimes in Aid of Racketeering Activity statute. |
Criminal Law and Procedure |
|
J. Nguyen | Aug. 21, 2020 |
18-10482
|
U.S. v. Valencia-Lopez
In allowing special agent to testify, district court abused its discretion by not properly fulfilling its gatekeeping role under 'Daubert v. Merrill Dow Pharmaceuticals, Inc.' |
Criminal Law and Procedure |
|
M. Bennett | Aug. 20, 2020 |
18-30215
|
U.S. v. Swenson
District court erred by concluding that defendant's wife's social security benefits were subject to garnishment to satisfy his restitution order. |
Criminal Law and Procedure |
|
M. Smith | Aug. 20, 2020 |
16-99004
|
Kipp v. Davis
Trial court's admission of evidence of unadjudicated rape and murder of a separate victim deprived defendant of fair trial in violation of his due process rights. |
Criminal Law and Procedure |
|
R. Paez | Aug. 20, 2020 |
15-99020
|
Kipp v. Davis
Defendant's references to Satan introduced during his guilt phase were wholly inadequate to show 'substantial and injurious effect' on jury's guilty verdict. |
Criminal Law and Procedure |
|
J. Nguyen | Aug. 20, 2020 |
E073302
|
People v. Schaffer
Defendant did not have federal constitutional right to have jury determine whether he violated his parole. |
Criminal Law and Procedure |
|
R. Fields | Aug. 19, 2020 |
12-16414
|
Balbuena v. Sullivan
Petitioner's confession was voluntary because he was read his 'Miranda' warnings, his interview was non-threatening, and there was no evidence he was easy to manipulate. |
Criminal Law and Procedure |
|
B. Bade | Aug. 18, 2020 |
S245203
|
Amended Opinion: Facebook v. Superior Court (Lance Touchstone)
Trial court abused its discretion when ruling on motion to quash criminal subpoena by failing to apply seven-factor 'Alhambra v. Superior Court' test. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Aug. 17, 2020 |
S245203
|
Facebook v. Superior Court (Lance Touchstone)
Trial court abused its discretion when ruling on motion to quash criminal subpoena by failing to apply seven-factor 'Alhambra v. Superior Court' test. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Aug. 14, 2020 |
S062417
|
People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions. |
Criminal Law and Procedure |
|
J. Groban | Aug. 14, 2020 |
S105876
|
People v. Suarez
Death qualification process is constitutional and does not violate statutory, constitutional, or international law. |
Criminal Law and Procedure |
|
G. Liu | Aug. 14, 2020 |
G055726
|
People v. Ogaz
Defendant's Sixth Amendment right to confront adverse witnesses was violated by admission of analyst's drug testing evidence because defendant did not have opportunity to cross-examine analyst. |
Criminal Law and Procedure |
|
W. Bedsworth | Aug. 13, 2020 |
D072515
|
Modification: People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members. |
Criminal Law and Procedure |
|
T. O'Rourke | Aug. 13, 2020 |
E070624
|
People v. Cardenas
Trial court erred by instructing jury on kill zone theory because there was insufficient evidence to warrant the instruction. |
Criminal Law and Procedure |
|
F. Menetrez | Aug. 12, 2020 |
E072119
|
People v. Mirmon
Trial court properly sentenced defendant to a term to be served fully consecutively to the sentence defendant was already serving. |
Criminal Law and Procedure |
|
D. Miller | Aug. 12, 2020 |
C087681
|
People v. Tacardon
Officer smelling and seeing marijuana in vehicle supplied reasonable suspicion defendant may have been unlawfully transporting the substance. |
Criminal Law and Procedure |
|
A. Hoch | Aug. 11, 2020 |
S136800
|
People v. Morales
Evidence of planning, motive, manner of killing, taken together, was sufficient to support jury's finding that defendant committed premeditated and deliberate murders. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 11, 2020 |
S114228
|
People v. Duong
Defendant's decision not to testify was knowing, intelligent, and voluntary. |
Criminal Law and Procedure |
|
C. Corrigan | Aug. 11, 2020 |
18-10150
|
U.S. v. Fuentes-Galvez
Right to due process requires record to disclose that defendant who pleaded guilty entered his plea understandingly and voluntarily. |
Criminal Law and Procedure |
|
W. Sessions | Aug. 11, 2020 |
19-10291
|
U.S. v. Oriho
District court's pre-trial repatriation order violated defendant's Fifth Amendment privilege against self-incrimination. |
Criminal Law and Procedure |
|
R. Tallman | Aug. 11, 2020 |