| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-10064
|
U.S. v. Borowy
Objectively reasonable expectation of privacy in computer files shared with public does not exist despite defendant’s subjective intention to prohibit sharing. |
Criminal Law and Procedure |
|
Feb. 17, 2010 | |
|
08-30050
|
U.S. v. Norwood
Although error was ultimately harmless, affidavit proving alleged drug seller’s illegitimate income is testimonial and thus erroneously admitted into evidence. |
Criminal Law and Procedure |
|
Feb. 17, 2010 | |
|
F055868
|
People v. Beaty
Proposition 36 probation participant is not necessarily unamenable for treatment because he requires medicinal marijuana use. |
Criminal Law and Procedure |
|
Feb. 16, 2010 | |
|
A122412
|
People v. Ayala
Under natural and probable consequences doctrine, aider and abettor for planned gang attack is liable when perpetrator commits murder by firing gun. |
Criminal Law and Procedure |
|
Feb. 16, 2010 | |
|
B211602
|
People v. Lexington National Insurance Corp.
Defendant's custody in other jurisdiction constitutes 'temporary disability' requiring court to order tolling of period for vacating forfeiture and exonerating bail bond. |
Criminal Law and Procedure |
|
Feb. 16, 2010 | |
|
G041327
|
People v. Paz
Defendant who abandoned methamphetamine for fear of physical injury or arrest cannot claim transitory possession as defense to crime of possession. |
Criminal Law and Procedure |
|
Feb. 12, 2010 | |
|
E047192
|
People v. Reynolds
Counsel who concedes that client’s petition is frivolous does not provide ineffective assistance where dismissal is obviously inescapable. |
Criminal Law and Procedure |
|
Feb. 12, 2010 | |
|
S164796
|
People v. Soria
Although three cases were resolved jointly by plea bargain, defendant is still required to pay three separate restitution fines. |
Criminal Law and Procedure |
|
Feb. 12, 2010 | |
|
E045598
|
People v. Trujillo
Actual knowledge of specific victim’s risk of battery is not necessary for defendant to be guilty of assault of reasonably foreseeable victim. |
Criminal Law and Procedure |
|
Feb. 11, 2010 | |
|
E047284
|
People v. Sanderson
Defendant is not entitled to discovery of police officers' personnel records where he failed to present plausible factual scenario of specific misconduct. |
Criminal Law and Procedure |
|
Feb. 11, 2010 | |
|
S164614
|
People v. Superior Court (Sparks)
Nonmutual collateral estoppel does not apply to verdicts in criminal cases. |
Criminal Law and Procedure |
|
Feb. 9, 2010 | |
|
E047068
|
People v. Bell
Counsel of defendant whose competency is in doubt, rather than court, must decide whether defendant should testify as to his own competency. |
Criminal Law and Procedure |
|
Feb. 8, 2010 | |
|
B218578
|
Eulloqui v. Superior Court (People)
Defendant is entitled to due process review because key witness in trial may have been undisclosed paid informant of state. |
Criminal Law and Procedure |
|
Feb. 5, 2010 | |
|
B213013
|
People v. Gomez
Probation report which showed that defendant failed to report to probation officer, pay restitution, or verify employment is admissible documentary material. |
Criminal Law and Procedure |
|
Feb. 5, 2010 | |
|
H034066
|
People v. Leon
Probation conditions that do not contain knowledge requirement for gang-related activities are unconstitutionally vague. |
Criminal Law and Procedure |
|
Feb. 4, 2010 | |
|
E047830
|
People v. Aguilar
Burglar of apartment whose resident was temporarily relocated due to fire in another unit is properly convicted of first-degree burglary. |
Criminal Law and Procedure |
|
Feb. 4, 2010 | |
|
B210691
|
People v. Navarrete
Curative jury instruction striking detective-witness’s testimony regarding inadmissible statement is not effective to eliminate jury’s belief that statement was confession by defendant. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
09-30000
|
U.S. v. Ressam
Court vacates sentence imposed on defendant convicted in relation to terrorist plot because district court failed to address government's arguments. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
09-30032
|
U.S. v. Loew
Restraint of victim enhancement is proper where third party restrained victim while executing defendant’s demand to convince victim to drop charges. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
08-50126
|
U.S. v. Contreras
Three-judge panel exceeds its authority when overruling cases decided after 1993 amendment to U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
08-10560
|
U.S. v. Terrell
Sexual assault conviction qualifies as 'violent felony' under Armed Career Criminal Act, subjecting defendant to enhanced sentence. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
D055404
|
In re Watson
Court's imposition of upper terms violates defendant's Sixth Amendment rights where court was notified of U.S. Supreme Court’s decision of new law. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
H034066
|
People v. Leon
Probation conditions that do not contain knowledge requirement for gang-related activities are unconstitutionally vague. |
Criminal Law and Procedure |
|
Feb. 3, 2010 | |
|
G041561
|
People v. Delgado
County has jurisdiction and does not violate defendant’s vicinage right where multiple offenses are committed in different counties. |
Criminal Law and Procedure |
|
Feb. 2, 2010 | |
|
A122351
|
People v. Sisuphan
Trial court does not err in declining to instruct jury that intent to restore property constitutes defense to embezzlement. |
Criminal Law and Procedure |
|
Feb. 2, 2010 | |
|
S156933
|
In re E.J.
Enforcement of residency restrictions on registered sex offender parolees, who were convicted before enactment of new requirements, is not impermissible retroactive application. |
Criminal Law and Procedure |
|
Feb. 2, 2010 | |
|
08-10190
|
U.S. v. Napulou
Prohibition on contact with anyone convicted of misdemeanor as special condition for supervised release is not reasonably related to defendant’s rehabilitation. |
Criminal Law and Procedure |
|
Feb. 2, 2010 | |
|
E047219
|
People v. Hernandez
Bar on prosecution does not apply to misdemeanor cases proceeding on existing felony information where no new charges or information were filed. |
Criminal Law and Procedure |
|
Feb. 2, 2010 | |
|
A122776
|
People v. C.S.A.
Trial court improperly dismisses criminal proceeding based on 'cooperation' agreement between defendant and police department, which district attorney did not authorize. |
Criminal Law and Procedure |
|
Feb. 1, 2010 | |
|
B206799
|
People v. Nero
Aider and abettor may be guilty of lesser homicide-related offenses than those that actual perpetrator committed. |
Criminal Law and Procedure |
|
Jan. 29, 2010 |