| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C059887
|
People v. Turnage
Defendant's felony punishment for maliciously placing false bomb with intent to cause others to fear for their safety violates equal protection right. |
Criminal Law and Procedure |
|
Apr. 2, 2010 | |
|
C060359
|
People v. Hall
‘Carrying loaded firearm in public place’ is not lesser-included offense of ‘carrying concealed firearm’ and defendant may be convicted of both. |
Criminal Law and Procedure |
|
Apr. 1, 2010 | |
|
G040702
|
People v. Bojorquez
County animal shelter qualifies as 'detention center' for purposes of animal kennel attendant's conviction for engaging in sexual activity with confined person. |
Criminal Law and Procedure |
|
Apr. 1, 2010 | |
|
08-1402
|
Berghuis v. Smith
Courts may use various methods and tests to decipher whether Sixth Amendment fair-cross-section requirement was violated in jury selection process. |
Criminal Law and Procedure |
|
Mar. 31, 2010 | |
|
08-16982
|
Thompson v. Frank
Collateral order doctrine does not apply where order staying habeas petition pending exhaustion of claims is addressable on appeal after final judgment. |
Criminal Law and Procedure |
|
Mar. 31, 2010 | |
|
B195197
|
People v. Concha
Instructional error is harmless where rational jury would have found it clear that each defendant personally premeditated and deliberated attempted murder. |
Criminal Law and Procedure |
|
Mar. 31, 2010 | |
|
C055139
|
People v. Johnson
Court properly considers defendant’s suppressed confession in deciding admissibility of evidence under Evidence Code Section 352. |
Criminal Law and Procedure |
|
Mar. 31, 2010 | |
|
C060342
|
People v. Escudero
Evidence of uncharged sexual assaults against teenagers is admissible where probative as to propensity of committing similar crime against child. |
Criminal Law and Procedure |
|
Mar. 31, 2010 | |
|
F057533
|
People v. Rodriguez
Penal Code amendment granting more favorable presentence good conduct credit is not retroactively applicable. |
Criminal Law and Procedure |
|
Mar. 31, 2010 | |
|
D053464
|
People v. Cissna
Juror’s daily discussions with friend about case was misconduct that created juror bias detrimental to defendant and basis for new trial. |
Criminal Law and Procedure |
|
Mar. 29, 2010 | |
|
08-30450
|
U.S. v. Dewey
‘Career offender’ status is based on sentence term of prior felony conviction, rather than actual time imprisoned. |
Criminal Law and Procedure |
|
Mar. 29, 2010 | |
|
09-50164
|
U.S. v. Castro
Lewd or lascivious act on child of 14 or 15 years by defendant over ten years older is not crime of violence. |
Criminal Law and Procedure |
|
Mar. 29, 2010 | |
|
S154242
|
People v. Feyrer
Plea agreement does not restrict court's authority to declare ‘wobbler’ as misdemeanor where court initially granted probation by suspending imposition of sentence. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
08-15889
|
Valdivia v. Schwarzenegger
Balancing test must be applied to all hearsay evidence to determine admissibility in parole hearings. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
09-35450
|
Bailey v. Hill
Court lacks jurisdiction over habeas corpus petition brought pursuant to 28 U.S.C. Section 2254 challenging only restitution order. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
09-50038
|
U.S. v. Maciel-Alcala
‘Another person’ as used for purposes of sentencing enhancement for identity theft includes both living and deceased actual individuals. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
09-50307
|
U.S. v. Xinidakis
District court has discretion to impose consecutive sentences after revocation of multiple concurrent terms of supervised release. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
B219011
|
People v. Superior Court (Sharkey)
Board of Parole Hearings may, for good cause, impose 45-day hold beyond inmate’s release date to complete sexually violent predator evaluation. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
B220739
|
In re Loresch
Aggravated nature of crime, by itself, does not constitute ‘some evidence’ of current dangerousness to deny parole. |
Criminal Law and Procedure |
|
Mar. 25, 2010 | |
|
F058082
|
People v. Bowman
Laboratory reports are allowable basis for in-court expert testimony and do not violate defendant’s right to confront witnesses. |
Criminal Law and Procedure |
|
Mar. 24, 2010 | |
|
B206569
|
People v. Sanders
Failure of witness to testify on immaterial collateral matters does not violate defendant’s right to confront witnesses. |
Criminal Law and Procedure |
|
Mar. 24, 2010 | |
|
08-30120
|
U.S. v. Christensen
Undue influence enhancement is inapplicable to defendant convicted of enticing minor to engage in sexual activity where minor was actually undercover officer. |
Criminal Law and Procedure |
|
Mar. 24, 2010 | |
|
09-50253
|
U.S. v. Denton
Court must exercise its discretion to determine whether uncharged offenses would be classified as either felonies or misdemeanors for purposes of sentencing. |
Criminal Law and Procedure |
|
Mar. 24, 2010 | |
|
E046800
|
People v. Gonzales
‘Residence’ in sex offender registration statute is commonly understood term without technical meaning, which is meant to be broadly defined. |
Criminal Law and Procedure |
|
Mar. 24, 2010 | |
|
B212437
|
People v. Sokolsky
Court has discretion to refuse to allow defendant to represent himself in commitment proceedings under Sexually Violent Predator’s Act. |
Criminal Law and Procedure |
|
Mar. 23, 2010 | |
|
C058326
|
People v. Milward
Under revised Penal Code, life prisoner may commit assault under both Section 4500 and Section 245(a)(1). |
Criminal Law and Procedure |
|
Mar. 22, 2010 | |
|
B216212
|
Wilson v. Superior Court (People)
State may not proceed with initial Sexually Violent Predator Act commitment trial while defendant is incompetent. |
Criminal Law and Procedure |
|
Mar. 22, 2010 | |
|
C061629
|
People v. Fleury
Imposition of $30 assessment fee is not punitive in nature, and therefore is not prohibited ex post facto law. |
Criminal Law and Procedure |
|
Mar. 22, 2010 | |
|
C061806
|
People v. Castillo
Court properly imposes $30 criminal conviction assessment even though statute authorizing assessment was enacted after date of defendant’s crimes. |
Criminal Law and Procedure |
|
Mar. 21, 2010 | |
|
06-50485
|
U.S. v. Nevils
Sufficiency of evidence review for felony in possession of firearms requires viewing evidence in light most favorable to prosecution, thereby upholding conviction. |
Criminal Law and Procedure |
|
Mar. 21, 2010 |