| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S023421
|
People v. Bunyard
First degree murder convictions stand where husband killed wife and unborn child. |
Criminal Law and Procedure |
|
Feb. 24, 2009 | |
|
S052288
|
People v. Hamilton
Death sentence is upheld where prosecutor’s peremptory challenges of Black prospective jurors were legitimate. |
Criminal Law and Procedure |
|
Feb. 24, 2009 | |
|
F054655
|
In re McGraw
Board must reconsider inmate's parole suitability by determining whether 'some evidence' supports conclusion that he is current threat to public safety. |
Criminal Law and Procedure |
|
Feb. 23, 2009 | |
|
06-10544
|
U.S. v. Kincaid-Chauncey
District court does not err by failing to instruct jury that crime of honest services fraud required proof of quid pro quo. |
Criminal Law and Procedure |
|
Feb. 23, 2009 | |
|
07-50471
|
U.S. v. Renteria
Heightened language in indictment specifying synagogue's effect on interstate or foreign commerce is not required. |
Criminal Law and Procedure |
|
Feb. 23, 2009 | |
|
H032409
|
People v. Murillo
Condition on probation that required probationer to take any and all medicine prescribed by her doctor is unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Feb. 20, 2009 | |
|
S073253
|
People v. Gutierrez
Three-year old son's out-of-court statement implicating father in mother's murder is deemed inadmissible as spontaneous statement. |
Criminal Law and Procedure |
|
Feb. 20, 2009 | |
|
S136498
|
People v. Scott
In case of McDonald's robbery, employees are deemed to constructively possess business owner's property. |
Criminal Law and Procedure |
|
Feb. 20, 2009 | |
|
S152667
|
People v. Soper
Although evidence would not have been cross-admissible, trial court's decision not to sever charged offenses was proper. |
Criminal Law and Procedure |
|
Feb. 20, 2009 | |
|
08-30050
|
U.S. v. Norwood
Under Sixth Amendment, affidavit containing certificate of nonexistence of record, which was presented to show absence of legal income, is admissible. |
Criminal Law and Procedure |
|
Feb. 19, 2009 | |
|
08-50117
|
U.S. v. Garcia-Cardenas
Use of prior conviction as basis for sentencing enhancement and calculation of criminal history score does not constitute impermissible double counting. |
Criminal Law and Procedure |
|
Feb. 18, 2009 | |
|
07-30424
|
U.S. v. Autery
Abuse of discretion review is proper in case where sentence varies substantially from U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Feb. 17, 2009 | |
|
A119908
|
People v. Romero-Arellano
Use of 'the People' in jury instructions is not violation of due process. |
Criminal Law and Procedure |
|
Feb. 13, 2009 | |
|
03-16653
|
Musladin v. Lamarque
Habeas petition is denied even though defense counsel was not consulted prior to trial court's response to jury note. |
Criminal Law and Procedure |
|
Feb. 13, 2009 | |
|
C056828
|
People v. Jackson
Enhancements are properly stayed for prior serious felony convictions on charges not brought and tried separately. |
Criminal Law and Procedure |
|
Feb. 12, 2009 | |
|
C058337
|
People v. Watkins
Defendant who conceals probation search condition by misrepresenting his identity is estopped from contesting subsequent search's validity. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
C053982
|
People v. Hamlin
Torture may be demonstrated by continuing course of conduct in series of acts. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
B203935
|
People v. Graff
Court improperly allows jury to convict defendant based on charges not established at preliminary hearing. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
C057249
|
In re Ross
Habeas corpus petition is granted where Governor's written decision to deny parole failed to articulate nexus between facts and current dangerousness. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
06-15153
|
Mendez v. Knowles
Jury allowed to infer commission of charged crime based on previous sexual offense proven beyond reasonable doubt. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
07-10368
|
U.S. v. Beltran-Moreno
Defendants may be convicted and sentenced for multiple violations of 18 U.S.C. Section 924(c) so long as each count is supported by separate predicate offense. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
B199682
|
People v. Zanoletti
Multiple convictions are appropriate where married couple is charged with operating insurance fraud mill. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
06-55867
|
Solovik v. Yates
Sixth Amendment right to confront witnesses is infringed where defendant is denied right to establish that key witness lied under oath. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
07-30183
|
U.S. v. Selby
BPA official who actively participates in internal agency deliberations resulting in sales commissions to husband is guilty of felony conflict of interest. |
Criminal Law and Procedure |
|
Feb. 10, 2009 | |
|
S110206
|
People v. Jackson
Death sentence is upheld where court allowed prosecutor to ask jurors to put themselves in place of victim's family. |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
07-35478
|
Wilson v. Belleque
Jurisdiction for habeas corpus petition was proper where defendant was deemed "in custody" under 28 U.S.C. Section 2241(c)(3). |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
07-50492
|
U.S. v. Alvarado-Martinez
Court properly relies on rap sheet based on fingerprint matching to calculate defendant's criminal history score. |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
08-30251
|
U.S. v. Romero-Ochoa
Court lacks collateral jurisdiction over appeal challenging its refusal to provide pretrial ruling on defendant's request to strike aggravated felony in indictment. |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
B201886
|
People v. Beyah
Although jury may not infer consciousness of guilt due to knowingly false statements in testimony, specific circumstance permits their consideration. |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
C058341
|
People v. Sanders
Waiver is valid where return hearing is not mandatory under Welfare and Institutions Code Section 3053(a). |
Criminal Law and Procedure |
|
Feb. 5, 2009 |