| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-30181
|
U.S. v. Marler
Escape offense and subsequent robbery conspiracy and firearm possession charges are deemed unrelated for purposes of calculating criminal history score. |
Criminal Law and Procedure |
|
May 29, 2008 | |
|
S141282
|
People v. Delgado
Abstract of judgment describing defendant's prior serious felony conviction as "Asslt w DWpn" is upheld as reliable for purposes of enhancing sentence. |
Criminal Law and Procedure |
|
May 29, 2008 | |
|
S140413
|
People v. Miles
Evidence strongly supports inference that defendant's 1976 conviction is serious felony, enhancing his sentence under 'Three Strikes' law. |
Criminal Law and Procedure |
|
May 29, 2008 | |
|
07-50190
|
U.S. v. Santana
Four-month delay in pre-revocation incarceration did not violate defendant's due process or federal criminal procedure rights. |
Criminal Law and Procedure |
|
May 28, 2008 | |
|
C054954
|
People v. Jackson
Trial court properly admitted DNA evidence obtained with 'Identifiler' test kit even though there was no hearing to determine scientific acceptance. |
Criminal Law and Procedure |
|
May 28, 2008 | |
|
D048497
|
People v. New
Prejudice suffered from delay in accusing defendant of 1973 shooting murder of wife does not result in unfair trial. |
Criminal Law and Procedure |
|
May 28, 2008 | |
|
B195624
|
People v. Kelly
Health and Safety Code Section capping reasonable amount of marijuana patient may have unconstitutionally amends Compassionate Use Act without voters' approval. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
C055671
|
People v. Sandoval
Motion to suppress evidence should be granted where patdown search of defendant was unlawfully performed. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
H031237
|
People v. Soria
Restitution and matching parole revocation fines are capped at $10,000 where three cases are consolidated into one under plea bargain at hearing. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
A114150
|
People v. Barrios
Prosecution need not prove defendant's specific intent to carry out threat to harm defense attorney when released from custody. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
06-50595
|
U.S. v. Fernandez
Evidence obtained from authorized wiretap should not be suppressed where government continued to intercept individual's conversations despite his adoption of new alias. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
F054353
|
People v. Superior Court (Meraz)
Trial Court's dismissal of special circumstance allegation as sanction for discovery violations is deemed improper under 'Brady v. Maryland'. |
Criminal Law and Procedure |
|
May 23, 2008 | |
|
S029588
|
People v. Richardson
Defendant's death sentence is affirmed after jury convicts him of felony murder. |
Criminal Law and Procedure |
|
May 23, 2008 | |
|
S127275
|
Richardson v. Superior Court (People)
Denial of petitioner's motion for DNA testing is warranted where other evidence of guilt exists and further tests would not change outcome. |
Criminal Law and Procedure |
|
May 23, 2008 | |
|
C053632
|
People v. Golde
Defendant's conviction for assault with deadly weapon is maintained where witnesses provide substantial evidence of defendant driving toward victim. |
Criminal Law and Procedure |
|
May 23, 2008 | |
|
07-50226
|
U.S. v. Vasquez-Landaver
Evidence on duress defense is precluded where defendant fails to show he illegally crossed border under threat of immediate harm. |
Criminal Law and Procedure |
|
May 22, 2008 | |
|
H030630
|
People v. Uribe
Prosecution's nondisclosure of video taken during medical examination of victim constitutes prejudicial 'Brady' error. |
Criminal Law and Procedure |
|
May 21, 2008 | |
|
H031285
|
People v. Wardell
Felony false imprisonment conviction and firearm enhancement are maintained where defendant holds gun pointed to floor while following victim. |
Criminal Law and Procedure |
|
May 21, 2008 | |
|
07-455
|
U.S. v. Ressam
Respondent's conduct falls within 18 U.S.C. Section 844(h)(2) where he was carrying explosives when he made false statements to customs official. |
Criminal Law and Procedure |
|
May 20, 2008 | |
|
06-1646
|
U.S. v. Rodriguez
Based on applicable state recidivist provision, maximum term of imprisonment prescribed by law for state drug convictions is 10 years. |
Criminal Law and Procedure |
|
May 20, 2008 | |
|
05-30349
|
U.S. v. Dallman
Defendant's sentence is upheld where district court's calculation of Guidelines range is based on coconspirator's liability for involvement in joint criminal activity. |
Criminal Law and Procedure |
|
May 20, 2008 | |
|
G038712
|
In re Saade
Habeas petition is improperly granted where 'Cunningham v. California' does not apply retroactively to defendant's conviction. |
Criminal Law and Procedure |
|
May 19, 2008 | |
|
C055654
|
Kruse v. Superior Court (People)
Information filed by prosecution must be dismissed where good cause is not shown for delay in reconvening preliminary hearing. |
Criminal Law and Procedure |
|
May 19, 2008 | |
|
C047726
|
People v. Zarazua
Enhancements upheld after defendants challenge sufficiency of causal connection between shooting and death of three-year-old accident victim. |
Criminal Law and Procedure |
|
May 19, 2008 | |
|
07-10289
|
U.S. v. Perez
Person on supervised release has right to cross-examine technician who handled sample where urinalysis is only evidence offered to prove guilt. |
Criminal Law and Procedure |
|
May 19, 2008 | |
|
S012943
|
People v. Rundle
Death sentence is affirmed where defendant fails to show court is unable to proceed with meaningful appellate review of jury instructions. |
Criminal Law and Procedure |
|
May 16, 2008 | |
|
A114023
|
People v. Bordelon
Defendant argues that jury instruction deprived him of right to present defense that he took money in hopes of being incarcerated. |
Criminal Law and Procedure |
|
May 16, 2008 | |
|
06-30192
|
U.S. v. W.R. Grace
Court overrules holding in 'U.S. v. Loud Hawk' loosening conditions on government's right to interlocutory appeals on evidentiary rulings |
Criminal Law and Procedure |
|
May 16, 2008 | |
|
06-50592
|
U.S. v. Crandall
Convictions are affirmed in mail fraud case where defendants' proposed 'intent to defraud' jury instruction was not supported by law. |
Criminal Law and Procedure |
|
May 15, 2008 | |
|
03-99006
|
Correll v. Ryan
Defendant has right to new penalty phase trial where his attorney failed to present mitigating evidence. |
Criminal Law and Procedure |
|
May 15, 2008 |