| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
94-99003
|
Smith v. Mahoney
Convicted murderer sentenced to death cannot claim ineffective assistance of counsel where he admitted that he killed victims absent impairment. |
Criminal Law and Procedure |
|
Mar. 7, 2010 | |
|
B210291
|
People v. Nitschmann
Defendant is not entitled to withdraw negotiated plea where he forfeited his right to make mitigating statement before favorable sentence was announced. |
Criminal Law and Procedure |
|
Mar. 4, 2010 | |
|
C060243
|
People v. Bankers Insurance Co.
Bail bond must be exonerated where bond was not declared forfeited in open court as statutorily required. |
Criminal Law and Procedure |
|
Mar. 3, 2010 | |
|
C059069
|
People v. Treadway
Prosecutor’s plea agreement forbidding co-defendant from testifying at defendant’s trial violated defendant’s right to present defense. |
Criminal Law and Procedure |
|
Mar. 2, 2010 | |
|
08-6925
|
Johnson v. U.S.
Simple battery lacks element of ‘use of physical force’ with which to enhance defendant’s sentence under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Mar. 2, 2010 | |
|
B210203
|
People v. Carter
Court’s failure to use specifically mandated instruction to jury does not make conviction reversible per se. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
A122030
|
People v. McPike
Defendant may not be convicted of both stealing and receiving the same property where property is not differentiated as to either charge. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
S059653
|
People v. Mills
Trial court properly declines to instruct prospective jurors regarding their civic duty to serve as jurors in death penalty case. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
08-50253
|
U.S. v. Reyes-Bosque
Warrantless search is justified by exigent circumstance where agents were informed that illegal aliens were being held inside house. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
F057533
|
People v. Rodriguez
Penal Code amendment granting more favorable presentence good conduct credit is not retroactively applicable. |
Criminal Law and Procedure |
|
Mar. 1, 2010 | |
|
07-17027
|
U.S. v. Bright
Fifth Amendment privilege against self-incrimination does not apply to production of documents where existence and location of papers are foregone conclusion. |
Criminal Law and Procedure |
|
Feb. 28, 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 |
|
Feb. 28, 2010 | |
|
H033992
|
People v. Taravella
Person convicted of oral copulation with minor need not register as sex offender because he is similarly situated to other non-registering convicts. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
08-10398
|
U.S. v. Garrido
Court has authority to consider sentence reduction for acceptance of responsibility after defendant failed to plead guilty to all charges. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
H033386
|
People v. Perez
Statute of limitations is inapplicable when alternative sentencing scheme makes sexual offense punishable by death or imprisonment in state prison for life. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
06-17161
|
Doody v. Schriro
Nearly 13-hour interrogation of sleep deprived juvenile by tag team of detectives renders confession involuntary. |
Criminal Law and Procedure |
|
Feb. 25, 2010 | |
|
08-680
|
Maryland v. Shatzer
14-day break in custody is adequate time period to remove presumption of police coercion in interrogation of prisoner. |
Criminal Law and Procedure |
|
Feb. 24, 2010 | |
|
09-30146
|
U.S. v. Jennen
Search warrant based on informant's tip that included range of details rising above mere observed facts and conditions is valid and reliable. |
Criminal Law and Procedure |
|
Feb. 24, 2010 | |
|
G041201
|
People v. Benitez
Defendant is denied right to confrontation where court allowed crime laboratory supervisor to testify using another's analysis of suspected illegal substance. |
Criminal Law and Procedure |
|
Feb. 24, 2010 | |
|
05-99007
|
Robinson v. Schriro
By presenting both factual and legal grounds for claim to state court, petitioner is not barred from review in federal court. |
Criminal Law and Procedure |
|
Feb. 23, 2010 | |
|
B211975
|
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement. |
Criminal Law and Procedure |
|
Feb. 23, 2010 | |
|
08-1175
|
Florida v. Powell
'Miranda' rights read to defendant adequately inform him of his right to attorney prior to, and at all times throughout interrogation. |
Criminal Law and Procedure |
|
Feb. 23, 2010 | |
|
09-273
|
Thaler v. Haynes
In ruling on objection to peremptory challenge under 'Batson,' judge must not necessarily reject demeanor-based explanation if he did not personally observe juror. |
Criminal Law and Procedure |
|
Feb. 22, 2010 | |
|
08-16602
|
Harrison v. Gillespie
No manifest necessity to declare mistrial exists where court refused to poll jury to determine whether defendant had been acquitted of death penalty. |
Criminal Law and Procedure |
|
Feb. 22, 2010 | |
|
B211975
|
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement. |
Criminal Law and Procedure |
|
Feb. 22, 2010 | |
|
F056015
|
People v. Hernandez
When considered together, jury instructions for principle crime, and aiding and abetting do not require repetition of aider’s mental state requirement. |
Criminal Law and Procedure |
|
Feb. 21, 2010 | |
|
08-17236
|
Christian v. Frank
District court errs by granting defendant’s habeas petition when Hawaii Supreme Court reasonably applied clearly established federal law. |
Criminal Law and Procedure |
|
Feb. 21, 2010 | |
|
C062419
|
Burton v. Superior Court (People)
Defendant convicted and sentenced for murder can request discovery materials from trial court without attorney representation. |
Criminal Law and Procedure |
|
Feb. 21, 2010 | |
|
09-30066
|
U.S. v. Guerrero
Defendant does not establish prima facie case for discrimination in prosecutor’s peremptory strike where prosecutor did not recognize juror as minority. |
Criminal Law and Procedure |
|
Feb. 18, 2010 | |
|
08-30055
|
U.S. v. Edwards
District Court's sentence is reasonable based on totality of circumstances despite being outside of advisory Sentencing Guidelines range. |
Criminal Law and Procedure |
|
Feb. 17, 2010 |