| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-30614
|
U.S. v. Sun
Court abuses discretion in applying 'vulnerable victim' enhancement to defendant's sentence based solely on remote location of attack. |
Criminal Law and Procedure |
|
Apr. 15, 2008 | |
|
07-50232
|
U.S. v. Perdomo-Espana
Court denies requested jury instruction on necessity defense after analyzing diabetic alien's need for medical attention under objective framework. |
Criminal Law and Procedure |
|
Apr. 15, 2008 | |
|
S051451
|
People v. Valencia
Defendant's death sentence is affirmed where evidence is sufficient to support his conviction of first degree murder. |
Criminal Law and Procedure |
|
Apr. 15, 2008 | |
|
D048304
|
People v. Leon
Evidence is insufficient to show defendant aided and abetted crime as to which witness intimidation was natural and probable consequence. |
Criminal Law and Procedure |
|
Apr. 15, 2008 | |
|
A116399
|
People v. Woods
Where defendant was convicted of being accessory after fact, not murder, he need not pay restitution to victim's family. |
Criminal Law and Procedure |
|
Apr. 15, 2008 | |
|
06-55868
|
Carvajal v. United States
Plaintiff entitled to accrued interest on currency that government wrongfully seized and returned 10 months later. |
Criminal Law and Procedure |
|
Apr. 14, 2008 | |
|
06-50710
|
U.S. v. Sullivan
Evidence is sufficient to establish scheme to defraud where defendants, instead of paying creditors, used clients’ funds for their own use. |
Criminal Law and Procedure |
|
Apr. 14, 2008 | |
|
S140612
|
People v. Gomez
Robbery continues until person reaches place of safety and thus includes person's attempt to use force or fear in escaping with property. |
Criminal Law and Procedure |
|
Apr. 11, 2008 | |
|
C049959
|
People v. Tolliver
Drug trafficker does not have legitimate privacy interest in seized car because he disassociated himself from car for others to take blame. |
Criminal Law and Procedure |
|
Apr. 11, 2008 | |
|
F052604
|
People v. Navarro
Defendant's appeal is dismissed for failure to secure certificate of probable cause. |
Criminal Law and Procedure |
|
Apr. 10, 2008 | |
|
H030976
|
People v. Garelick
Jury may consider uncharged acts relating to defendant's possession of child pornography without preliminary finding of specific intent to commit crime. |
Criminal Law and Procedure |
|
Apr. 10, 2008 | |
|
06-15614
|
Richter v. Hickman
Defense counsel's failure to present experts to contradict state's serology evidence does not prejudice joint defendants in felony murder case. |
Criminal Law and Procedure |
|
Apr. 10, 2008 | |
|
D050019
|
People v. Lessie
Trial court did not err in denying juvenile's motion to suppress his pretrial admissions made during interviews with police. |
Criminal Law and Procedure |
|
Apr. 9, 2008 | |
|
C054365
|
People v. Correa
Defendant is properly convicted of seven firearm possession counts where he possessed multiple weapons which could be used to accomplish different objectives. |
Criminal Law and Procedure |
|
Apr. 8, 2008 | |
|
S139609
|
People v. Pitto
Arming enhancement under Penal Code Section 12022 is proper where gun is found near drugs inside defendant's vehicle. |
Criminal Law and Procedure |
|
Apr. 8, 2008 | |
|
A116399
|
People v. Woods
Where defendant was convicted of being accessory after fact, not murder, he need not pay restitution to victim's family. |
Criminal Law and Procedure |
|
Apr. 8, 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 |
|
Apr. 4, 2008 | |
|
B191683
|
People v. Szadziewicz
Victim’s testimony that defendant repeatedly slashed his face while holding him down provided substantial evidence supporting aggravated mayhem conviction. |
Criminal Law and Procedure |
|
Apr. 3, 2008 | |
|
E042427
|
People v. Martinez
Conviction for forging victim's signature is vacated where defendant's falsification of two signatures on single deed constituted only one count of forgery. |
Criminal Law and Procedure |
|
Apr. 3, 2008 | |
|
06-35875
|
Osborne v. District Attorney's Office for the Third Judicial District
Defendant has limited due process right of access to biological evidence for purposes of post-conviction DNA testing. |
Criminal Law and Procedure |
|
Apr. 3, 2008 | |
|
B199059
|
People v. Williams
Jury instruction on uncharged conspiracy to sell cocaine base is constitutional. |
Criminal Law and Procedure |
|
Apr. 2, 2008 | |
|
05-50375
|
U.S. v. Smith
Jury instruction on prison-made knife does not relieve government of burden to prove inmate used 'dangerous weapon' beyond reasonable doubt. |
Criminal Law and Procedure |
|
Apr. 1, 2008 | |
|
B196863
|
People v. Garcia
On equal protection grounds, those convicted of oral copulation with 14-year-old under Penal Code Section 288(a)(b)(2) are subject to discretionary registration. |
Criminal Law and Procedure |
|
Mar. 31, 2008 | |
|
D049993
|
People v. Smith
Collateral estoppel bars relitigation of driver's impairment after first jury acquits defendant of per se DUI. |
Criminal Law and Procedure |
|
Mar. 31, 2008 | |
|
06-30205
|
U.S. v. Crawford
Caselaw stating that crack/powder disparity in cocaine offenses produces disproportionately harsh sanctions does not help defendant's case. |
Criminal Law and Procedure |
|
Mar. 31, 2008 | |
|
B198408
|
People v. Pruitt
Defendant is not entitled to presentence custody credit when credit he seeks is based on receipt of stolen property, not present offense of first degree burglary. |
Criminal Law and Procedure |
|
Mar. 31, 2008 | |
|
B195337
|
People v. Sutton
Defendant is prejudiced by six-day delay in commencement of trial caused by conflict with co-defendant's counsel. |
Criminal Law and Procedure |
|
Mar. 28, 2008 | |
|
05-16879
|
Harvest v. Castro
District court only has authority to modify conditional writ of habeas corpus pursuant to Rule 60 of Rules of Civil Procedure. |
Criminal Law and Procedure |
|
Mar. 28, 2008 | |
|
S148845
|
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial. |
Criminal Law and Procedure |
|
Mar. 28, 2008 | |
|
S070327
|
People v. Wilson
Two prospective jurors, supporting death penalty, were properly not dismissed for cause upon stating they would consider evidence before deciding on death penalty. |
Criminal Law and Procedure |
|
Mar. 28, 2008 |