| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-56079
|
Stoltie v. Tilton
Confusing explanation of reasonable doubt provided to jury by trial judge is clear error. |
Criminal Law and Procedure |
|
Aug. 19, 2008 | |
|
C056249
|
People v. Wyatt
Request for counsel made in prison disciplinary hearing does not invoke <EM>Edwards</EM> rights when interrogation occurred the following day. |
Criminal Law and Procedure |
|
Aug. 19, 2008 | |
|
S145458
|
People v. Chance
Conduct is sufficient to establish actus reus required for assault where defendant attained means and location to strike immediately. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
06-30621
|
U.S. v. Jaeger
Trial court's admonition to witness concerning possibility of adverse consequences resulting from her testimony did not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
07-16284
|
Walter v. Drayson
RICO violations are not found where attorney did not direct enterprise's affairs by giving advice to clients. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
C055100
|
People v. Nelms
Trial court lacked jurisdiction when it dismissed smuggling charge while case was pending on appeal. |
Criminal Law and Procedure |
|
Aug. 18, 2008 | |
|
C055100
|
People v. Nelms
Trial court lacked jurisdiction when it dismissed smuggling charge while case was pending on appeal. |
Criminal Law and Procedure |
|
Aug. 17, 2008 | |
|
07-16184
|
Tilcock v. Budge
Habitual offender case is remanded for evidentiary hearing where counsel failed to object to inclusion of ineligible convictions. |
Criminal Law and Procedure |
|
Aug. 17, 2008 | |
|
07-30182
|
U.S. v. Straub
To compel use immunity, defendant must show prosecution denied immunity to defense witness whose testimony directly contradicts government witness, distorting fact-finding process. |
Criminal Law and Procedure |
|
Aug. 17, 2008 | |
|
07-50195
|
U.S. v. Ganoe
District court properly exercises its discretion in allowing jury to view child pornography images charged in indictment. |
Criminal Law and Procedure |
|
Aug. 17, 2008 | |
|
C057920
|
People v. Crisler
Trial court properly awards restitution to parents who incurred expenses while attending murder trial of their son. |
Criminal Law and Procedure |
|
Aug. 17, 2008 | |
|
A117078
|
People v. O'Neil
Condition of probation allowing probation officer to forbid defendant drug dealer from associating with designated persons is deemed overly broad. |
Criminal Law and Procedure |
|
Aug. 14, 2008 | |
|
S060803
|
People v. Mungia
Torture-murder special circumstance finding is vacated where defendant did not intend to torture elderly woman found battered to death. |
Criminal Law and Procedure |
|
Aug. 14, 2008 | |
|
S033360
|
People v. Wallace
Sufficient evidence exists to support defendant's convictions for attempted rape and robbery of 83-year-old widow. |
Criminal Law and Procedure |
|
Aug. 14, 2008 | |
|
07-10254
|
U.S. v. Byun
Plaintiff convicted of importing minor into United States for prostitution must register as sex offender even though conviction is not clearly specified. |
Criminal Law and Procedure |
|
Aug. 14, 2008 | |
|
07-10420
|
U.S. v. Almazan-Becerra
District court properly relies on police reports to find defendant's previous conviction for selling marijuana was drug trafficking offense warranting enhancement. |
Criminal Law and Procedure |
|
Aug. 13, 2008 | |
|
07-50120
|
U.S. v. Peterson
Convictions for causing false material statements are upheld where builders subsidized payments and provided falsified letters to Dept. of Housing and Urban Development. |
Criminal Law and Procedure |
|
Aug. 13, 2008 | |
|
06-10758
|
U.S. v. Liu
Sufficient evidence exists to support sex trafficking convictions of Chinese nationals who transported women to engage in prostitution. |
Criminal Law and Procedure |
|
Aug. 13, 2008 | |
|
F052703
|
People v. Garcia
Amended Sexually Violent Predator Act is constitutional. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
E043466
|
People v. Puente
Defendant's due process challenge based on failure to notify of waiver violation is dismissed where he did not obtain certificate of probable cause. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
07-50402
|
U.S. v. Goddard
Special condition is reasonable if construed to allow person convicted of possessing child pornography to install routine software updates without prior approval. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
06-99006
|
King v. Schriro
Habeas petitioner's case is not prejudiced where prosecutor implied witness' life had been threatened to keep her from testifying. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
07-10263
|
U.S. v. Ramirez
Defendant's right to fair trial is not violated in case where prosecutor compelled him to call witnesses liars. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
S018637
|
People v. Hovarter
Evidence of defendant's rape, kidnapping, and attempted murder of another teenage girl are properly admitted to prove identity in charged crime. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
07-30334
|
U.S. v. Tankersley
Upward departure is reasonable when based on effort to achieve sentencing parity between defendants who engaged in similar terrorist conduct. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
G038851
|
People v. Becerra
Perjured grand jury testimony must be prejudicial at trial to sustain post-trial challenge to indictment. |
Criminal Law and Procedure |
|
Aug. 11, 2008 | |
|
D050536
|
People v. Renteria
California has territorial jurisdiction to convict driver of stolen van who evaded peace officer on federal enclave. |
Criminal Law and Procedure |
|
Aug. 11, 2008 | |
|
S148712
|
Barsamyan v. Superior Court (People)
Counsel's consent to continuance in one case to accommodate another trial initiates 10-day grace period for purposes of speedy trial statute. |
Criminal Law and Procedure |
|
Aug. 8, 2008 | |
|
07-70293
|
Garcia-Aguilar v. District Court (United States)
Government cannot fix charging error by bringing superseding indictment and voiding defendants' unconditional guilty pleas. |
Criminal Law and Procedure |
|
Aug. 7, 2008 | |
|
E043786
|
People v. Dallas
Where defendant lived with abused infant, prior acts of domestic violence are admissible under Evidence Code Section 1109. |
Criminal Law and Procedure |
|
Aug. 6, 2008 |