| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-50170
|
U.S. v. Aguila-Montes De Oca
Sentence enhancement is improper where state burglary conviction lacks element required by federal definition. |
Criminal Law and Procedure |
|
Jan. 20, 2009 | |
|
06-50628
|
U.S. v. Bond
In wire fraud prosecution arising from electric power sales scheme, government does not commit 'Brady' violation where defendant could have subpoenaed witness. |
Criminal Law and Procedure |
|
Jan. 20, 2009 | |
|
07-50293
|
U.S. v. Esparza
Court must make requisite findings with respect to conditions of supervised release that implicate particularly significant liberty interests. |
Criminal Law and Procedure |
|
Jan. 20, 2009 | |
|
C055070
|
People v. Kenefick
Multiple forged signatures on single document constitute only one count of forgery. |
Criminal Law and Procedure |
|
Jan. 19, 2009 | |
|
H033239
|
The Board of Parole Hearings v. Superior Court (Portee)
Court exceeds jurisdiction where order directed Board of Parole Hearings to isolate parts of commitment offense qualifying for invocation of unsuitability for parole. |
Criminal Law and Procedure |
|
Jan. 19, 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 |
|
Jan. 15, 2009 | |
|
07-6984
|
Jimenez v. Quarterman
In case involving Antiterrorism and Effective Death Penalty Act of 1996, court of appeal's denial of certificate of appealability is reversed. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
B209638
|
In re Gaul
Board's denial of parole is unsupported by evidence that parolee poses unreasonable risk to society. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
07-513
|
Herring v. U.S.
Exclusionary rule does not apply when police mistakes leading to unlawful search are result of isolated negligence attenuated from search. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
07-901
|
Oregon v. Ice
State statute allowing judge to impose consecutive, rather than concurrent, sentences does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
A118186
|
People v. Harbert
Conviction for violating Vehicle Code Section 20001 is proper where there was abundant evidence that driver hit human being. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
C056038
|
People v. Stanphill
Victim's hearsay statement identifying defendant's photograph as being his assailant is admissible as spontaneous statement. |
Criminal Law and Procedure |
|
Jan. 14, 2009 | |
|
06-11206
|
Chambers v. U.S.
Failure to report for penal confinement falls outside scope of ACCA's 'violent felony' definition. |
Criminal Law and Procedure |
|
Jan. 13, 2009 | |
|
06-50387
|
U.S. v. McCaleb
Court has authority to clarify ambiguous verdict finding defendant guilty of greater and lesser-included offense. |
Criminal Law and Procedure |
|
Jan. 13, 2009 | |
|
A117286
|
People v. Cabonce
Application of insanity defense is question of fact for jurors when intoxication is primary cause of mental disease or defect. |
Criminal Law and Procedure |
|
Jan. 12, 2009 | |
|
06-50578
|
U.S. v. Awad
Despite omission of word "willfully," indictment is sufficient to infer defendant purposely committed health care fraud. |
Criminal Law and Procedure |
|
Jan. 12, 2009 | |
|
C055368
|
Tecklenburg v. Superior Court (People)
Awareness of 'temporary Internet files' is not needed to show knowing possession and control of computer-generated images of child pornography. |
Criminal Law and Procedure |
|
Jan. 11, 2009 | |
|
F054686
|
People v. Bowers
Sole psychiatric evaluation is sufficient evidence to support court's finding of substantial danger to others. |
Criminal Law and Procedure |
|
Jan. 11, 2009 | |
|
B208923
|
Galindo v. Superior Court (City of Los Angeles Police Dept.)
Defendant may not seek 'Pitchess' discovery of police officers' personnel files for use in preliminary hearing. |
Criminal Law and Procedure |
|
Jan. 9, 2009 | |
|
A115717
|
People v. Felix
Defendant's SVP status at time of trial does not require proof of recent overt act while offender was in custody. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
06-50339
|
U.S. v. Collins
Pattern of striking panel members from cognizable racial group is not required to demonstrate discriminatory intent for 'Batson' violation. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
07-30452
|
U.S. v. Heller
Directing another to download and store child pornography for mutual viewing is sufficient evidence for conviction. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
08-50010
|
U.S. v. Gonzalez-Zotelo
District court errs by imposing lower sentence based on unwarranted sentencing disparity between fast-track and non-fast-track defendants. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
B192743
|
People v. Crabtree
Attempted child molestation convictions are reversed where not prosecuted within one-year limitations period. |
Criminal Law and Procedure |
|
Jan. 8, 2009 | |
|
C054634
|
In re Singler
Denial of parole is overturned where 'some evidence' cannot be shown to demonstrate 'current dangerousness.' |
Criminal Law and Procedure |
|
Jan. 7, 2009 | |
|
S054489
|
People v. Doolin
Counsel's failure to interview penalty phase witnesses does not amount to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jan. 6, 2009 | |
|
F053355
|
People v. Adams
Knowledge of presence of victims within 'kill-zone' is not required for attempted murder on concurrent intent theory. |
Criminal Law and Procedure |
|
Jan. 2, 2009 | |
|
A116899
|
People v. Bradford
Defendant's confession must be suppressed where officers omitted one of four required 'Miranda' warnings. |
Criminal Law and Procedure |
|
Dec. 31, 2008 | |
|
06-56523
|
Gonzalez v. Duncan
Sentence of 28 years to life for failure to update sex offender registration violates Eighth Amendment as being grossly disproportionate to offense. |
Criminal Law and Procedure |
|
Dec. 31, 2008 | |
|
06-30550
|
U.S. v. Armstead
Procedural error in sentencing occurs where district court concludes that victims include persons harmed by fraud but not included in loss calculation. |
Criminal Law and Procedure |
|
Dec. 31, 2008 |