| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-30477
|
U.S. v. Medina
District court properly dismisses indictment without prejudice after determining excessive pretrial delays violated Speedy Trial Act. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
05-50170
|
U.S. v. De Oca
Defendant's prior conviction of first degree residential burglary is 'crime of violence' justifying sentencing enhancement. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
07-30102
|
U.S. v. Mara
District court may consider criminal activity unrelated to conviction offense in denying defendant sentence reduction for acceptance of responsibility. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
S031603
|
People v. Lewis
Court vacates lying-in-wait special circumstance findings and reverses six kidnapping convictions of defendant who engaged in 1991 crime spree. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
B194821
|
People v. Keshishian
Trial court properly denies request to discharge counsel retained by defendant charged with murder, vehicular manslaughter, and leaving accident scene. |
Criminal Law and Procedure |
|
Apr. 28, 2008 | |
|
H031348
|
People v. Litmon
In case involving Sexually Violent Predator commitment, trial must take place before defendant's potential commitment term. |
Criminal Law and Procedure |
|
Apr. 25, 2008 | |
|
S148845
|
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial. |
Criminal Law and Procedure |
|
Apr. 25, 2008 | |
|
A117076
|
People v. Jacinto
Defendant's due process rights are not violated where sheriffs had no knowledge of materiality of testimony of witness deported before trial. |
Criminal Law and Procedure |
|
Apr. 25, 2008 | |
|
03-73564
|
Nicanor-Romero v. Mukasey
Penal Code Section 647.6(a), which does not consist of depraved act and evil intent, is not crime of moral turpitude. |
Criminal Law and Procedure |
|
Apr. 25, 2008 | |
|
E041876
|
People v. Figueroa
Sentencing court correctly concludes that defendant's terms for aggravated sexual assaults run consecutively to each other under Penal Code. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
06-1082
|
Virginia v. Moore
Police do not violate Fourth Amendment by performing search incident to arrest based on probable cause but prohibited by state law. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
S148845
|
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
F052781
|
People v. Soukomlane
Corporal injury on spouse conviction is reversed where defendant was improperly shackled in presence of jury. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
C055082
|
People v. Selga
Imposition of criminal protective order issued to protect defendant's ex-girlfriend's current boyfriend is invalid. |
Criminal Law and Procedure |
|
Apr. 23, 2008 | |
|
B196889
|
People v. Margarejo
Highland Park member who flashes gang signs to pedestrians while evading police during extended car chase merits gang enhancement. |
Criminal Law and Procedure |
|
Apr. 23, 2008 | |
|
E043682
|
People v. Gemelli
Trial court properly accepts owner's statement in probation report regarding value of stolen or damaged property as prima facie evidence of loss. |
Criminal Law and Procedure |
|
Apr. 22, 2008 | |
|
S074414
|
People v. Zamudio
Evidence is not unlawfully obtained where totality of circumstances indicates defendant's consent to examination of shoes and clothing was voluntary. |
Criminal Law and Procedure |
|
Apr. 22, 2008 | |
|
06-50581
|
U.S. v. Arnold
Customs officials do not need reasonable suspicion to search laptop computer or other personal electronic storage devices at border. |
Criminal Law and Procedure |
|
Apr. 22, 2008 | |
|
B194011
|
People v. Garcia
Trial court properly declined to instruct on involuntary manslaughter where defendant committed assault with deadly weapon, which is inherently dangerous. |
Criminal Law and Procedure |
|
Apr. 22, 2008 | |
|
C052924
|
People v. Chavez
Motion to suppress is improperly granted where warrantless intrusion into defendant's side yard is justified by exigent circumstances. |
Criminal Law and Procedure |
|
Apr. 21, 2008 | |
|
C056068
|
People v. Medrano
Court properly imposes upper term based on defendant's probationary status at time of his offense. |
Criminal Law and Procedure |
|
Apr. 21, 2008 | |
|
06-11429
|
Burgess v. U.S.
Term 'felony drug offense' in Controlled Substances Act is defined exclusively by 21 U.S.C. Section 802(44) and does not incorporate ‘felony’ definition. |
Criminal Law and Procedure |
|
Apr. 17, 2008 | |
|
06-11543
|
Begay v. U.S.
New Mexico's felony DUI offense is not 'violent felony' under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Apr. 17, 2008 | |
|
C054634
|
In re Singler
Denial of parole must be overturned when significant time passes from commission of crime and there is evidence of inmate’s rehabilitation. |
Criminal Law and Procedure |
|
Apr. 17, 2008 | |
|
F053531
|
People v. Dobson
Court is not required to independently review record in appeal from denial of outpatient status pursuant to petition for restoration of competency. |
Criminal Law and Procedure |
|
Apr. 17, 2008 | |
|
05-50905
|
U.S. v. Espinoza
Defendant is properly ordered removed under aggravated felony enhancement based on conviction of cultivating marijuana. |
Criminal Law and Procedure |
|
Apr. 16, 2008 | |
|
06-10688
|
U.S. v. Grissom
When calculating defendant's base offense level, courts must consider drug amounts from charges that are dismissed due to defendant's plea agreement. |
Criminal Law and Procedure |
|
Apr. 16, 2008 | |
|
C053173
|
People v. Bragg
Attempted murder convictions of two Crip members support enhancement for predicate offenses committed for benefit of criminal street gang. |
Criminal Law and Procedure |
|
Apr. 16, 2008 | |
|
D050934
|
In re Viray
No evidence supports Governor's conclusion that rehabilitated prisoner who stabbed man on dance floor 24 years ago is unsuitable for parole. |
Criminal Law and Procedure |
|
Apr. 16, 2008 | |
|
F052340
|
People v. Mendez
Where defendant complained of adequacy of appointed counsel, prejudicial error necessitates 'Marsden' hearing on remand. |
Criminal Law and Procedure |
|
Apr. 15, 2008 |