| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C058918
|
People v. Bartell
Bank that covers amount of defendant's forged checks is 'direct victim' of criminality meriting restitution order. |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
05-10466
|
U. S. v. Al Nasser
Transporter of illegal aliens not 'stopped' for purposes of Fourth Amendment receives no lighter sentence despite lack of profit from scheme. |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
S155425
|
In re Gomez
'Cunningham v. California' applies retroactively to cases in which judgment was not final at time of decision in 'Blakely v. Washington.' |
Criminal Law and Procedure |
|
Feb. 3, 2009 | |
|
D051402
|
People v. Tabb
Employee who stole from his employer can be convicted of either grand theft or grand theft by employee but not both. |
Criminal Law and Procedure |
|
Feb. 2, 2009 | |
|
07-35468
|
Moses v. Payne
Exclusion of expert witness testimony is proper where precedent has not established violation of constitutional right to present evidence. |
Criminal Law and Procedure |
|
Feb. 2, 2009 | |
|
B202289
|
People v. Castillo
SVP's two-year commitment period must be corrected to conform to indeterminate life term mandated by SVPA as modified by Proposition 83. |
Criminal Law and Procedure |
|
Feb. 2, 2009 | |
|
S058472
|
People v. Bennett
Court properly instructs jury on first degree felony murder rule. |
Criminal Law and Procedure |
|
Jan. 30, 2009 | |
|
B203609
|
People v. Rodriguez
Trial court's instruction allowing jury to consider defendant's failure to explain or deny evidence is proper. |
Criminal Law and Procedure |
|
Jan. 30, 2009 | |
|
D050432
|
People v. Anderson
Evidence of hit-and-run victim's suicidal tendencies is properly excluded for being irrelevant and highly prejudicial. |
Criminal Law and Procedure |
|
Jan. 28, 2009 | |
|
G039186
|
People v. Force
Indeterminate confinement under Sexually Violent Predator Act does not violate due process. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
07-10261
|
U.S. v. SDI Future Health Inc.
Corporate executives challenging police search must show some 'personal connection' to company premises not reserved for their exclusive use. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
07-55860
|
U.S. v. $40,955.00 In United States Currency
Parents who own and occupy residence have standing to challenge search of bedroom from which son conducted marijuana sales. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
F054047
|
People v. Adams
Makeshift styrofoam device that is "breakable" can constitute a destructive device under Penal Code Section 12301. |
Criminal Law and Procedure |
|
Jan. 27, 2009 | |
|
E042038
|
People v. Williams
Court finds harmless error where evidence of contacts with law enforcement, not leading to arrest or conviction, is presented to jury. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
B188868
|
People v. Byron
Testimonial hearsay statements are admissible against defendant to prove assault of victim. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
08-5657
|
Nelson v. U.S.
Sentencing court's application of presumption of reasonableness to Guidelines range constitutes error. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
07-854
|
Van de Kamp v. Goldstein
Supervisory prosecutors are entitled to absolute immunity where plaintiff claimed they trained other prosecutors and managed information improperly. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
07-1122
|
Arizona v. Johnson
Officer's patdown of passenger after questioning him on matter unrelated to traffic stop does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Jan. 26, 2009 | |
|
B207979
|
People v. Sardinas
Court properly denies motion to suppress drug evidence recovered during parole search conducted for legitimate law enforcement purpose. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
B205941
|
People v. Myers
Court properly denies motion to reduce felony offense to misdemeanor where defendant completes drug program and does not serve prison sentence. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
A119768
|
People v. Luna
Conviction for attempt to manufacture hashish does not stand where defendant's conduct did not advance beyond preparation. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
07-99008
|
U.S. v. Mikhel
SAM restrictions must be modified to allow inmate to use translator when communicating with appellate counsel and meet with investigator alone. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
07-50473
|
U.S. v. Orlando
$30,000 fine imposed on defendant who pleads guilty to tax evasion is reasonable. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
A121037
|
People v. Cates
Condition that defendant complete batterer's counseling program is upheld in case involving felonious assault on former girlfriend. |
Criminal Law and Procedure |
|
Jan. 25, 2009 | |
|
B203825
|
People v. Quintanilla
In child rape case, court does not abuse its discretion in imposing fully consecutive sentence. |
Criminal Law and Procedure |
|
Jan. 22, 2009 | |
|
G039038
|
People v. Wagner
Pandering conviction is reversed where pimp 'induced' woman who was already prostitute. |
Criminal Law and Procedure |
|
Jan. 22, 2009 | |
|
B203935
|
People v. Graff
Court improperly allows jury to convict defendant based on charges not established at preliminary hearing. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
07-772
|
Waddington v. Sarausad
In case involving drive-by shooting, jury instructions for accomplice liability are deemed unambiguous. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
08-5721
|
Spears v. U.S.
District court has authority to vary from crack cocaine Guidelines based on policy disagreement and apply replacement ratio to correct disparity. |
Criminal Law and Procedure |
|
Jan. 21, 2009 | |
|
D051015
|
In re Vasquez
Commitment offense is insufficient to satisfy 'some evidence' standard demonstrating parolee's present risk of danger to society. |
Criminal Law and Procedure |
|
Jan. 21, 2009 |