| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-30242
|
U.S. v. Chase
District court abuses its discretion denying defendant opportunity to retain forensic expert where amount of drugs capable of being produced is heavily disputed. |
Criminal Law and Procedure |
|
Aug. 28, 2007 | |
|
D050030
|
People v. Fielder
Man punished for three counts of failing to comply with sex offender registration requirements does not offend prohibition against multiple punishment. |
Criminal Law and Procedure |
|
Aug. 28, 2007 | |
|
A117202
|
Alvarez v. Superior Court (San Jose Mercury News Inc.)
Penal Code's 'reasonable likelihood' standard of prejudice must be applied to case where defendant seeks to have grand jury transcripts sealed. |
Criminal Law and Procedure |
|
Aug. 28, 2007 | |
|
06-30592
|
U.S. v. Hurd
Search of suspected drug dealer’s home is objectively reasonable despite judge’s inadvertent failure to initialize next to that specific search on warrant. |
Criminal Law and Procedure |
|
Aug. 27, 2007 | |
|
S066377
|
People v. Abilez
'Marsden' motion is properly denied where attorney explains efforts to defend client accused of his mother's sodomy and murder. |
Criminal Law and Procedure |
|
Aug. 24, 2007 | |
|
B199147
|
Goldstein v. Superior Court (Grand Jury of the County of Los Angeles)
Party seeking disclosure of grand jury materials to redress injustice must show need for discovery and limit use to pending case. |
Criminal Law and Procedure |
|
Aug. 24, 2007 | |
|
06-30368
|
U.S. v. Grigg
Court reviewing reasonableness of stop to investigate past misdemeanor or minor infraction must assess potential risk to public safety associated with offense. |
Criminal Law and Procedure |
|
Aug. 23, 2007 | |
|
c053906
|
People v. Crittle
Where defendant is convicted of two offenses, imposition of second $10 crime prevention fine is unauthorized. |
Criminal Law and Procedure |
|
Aug. 22, 2007 | |
|
A113370
|
In re Roderick
Grandfather receives habeas relief where parole unsuitability based solely on prior criminal history is insufficient to prove unreasonable risk of danger. |
Criminal Law and Procedure |
|
Aug. 21, 2007 | |
|
E040033
|
Netzley v. Superior Court (People)
Petitioner unsuccessfully seeks dismissal of charges where 180-day period under Interstate Agreement on Detainers has not yet expired. |
Criminal Law and Procedure |
|
Aug. 21, 2007 | |
|
05-50401
|
U.S. v. Freeman
District court's allowance of improper expert witness testimony in case involving drug charges was harmless error. |
Criminal Law and Procedure |
|
Aug. 21, 2007 | |
|
S047056
|
People v. Tafoya
Exclusion of victim's statement expressing mistrust of co-defendant over methamphetamine deal does not prejudice defendant who claims he shot dealer in self-defense. |
Criminal Law and Procedure |
|
Aug. 21, 2007 | |
|
B190508
|
People v. Martinez
Defendant is not prejudiced by preliminary hearing testimony of witness seeking asylum in Canada whom prosecution made diligent efforts to procure at trial. |
Criminal Law and Procedure |
|
Aug. 21, 2007 | |
|
S046816
|
People v. Thornton
Convicted kidnapper and murderer’s sentence for kidnapping for robbery is modified where court punished him under wrong Penal Code subsection. |
Criminal Law and Procedure |
|
Aug. 16, 2007 | |
|
07-30060
|
U.S. v. Lambert
Sentence enhancement is proper where defendant conspired to defraud United States by claiming he completed work on behalf of tribes' education department. |
Criminal Law and Procedure |
|
Aug. 16, 2007 | |
|
06-10173
|
U.S. v. Hernandez-Acuna
District court properly denies motion to suppress without conducting de novo evidentiary hearing because its denial was based on evidence at trial. |
Criminal Law and Procedure |
|
Aug. 16, 2007 | |
|
06-10460
|
U.S. v. Yida
Court properly excludes witness' prior testimony in defendant's retrial because government failed to show witness was 'unavailable'. |
Criminal Law and Procedure |
|
Aug. 16, 2007 | |
|
S132605
|
People v. Sloan
Enhancements and future punishment may not be considered to immunize defendant from convictions for multiple charged crimes based on necessarily included offenses. |
Criminal Law and Procedure |
|
Aug. 16, 2007 | |
|
S132980
|
People v. Izaguirre
Firearm enhancements found true by jury need not be stricken under multiple conviction rule as necessarily included within first degree murder offense. |
Criminal Law and Procedure |
|
Aug. 16, 2007 | |
|
F049842
|
People v. Solorzano
Warrantless search is reasonable parole term and defendant may receive harsher punishment after retrial where original sentence was not authorized by law. |
Criminal Law and Procedure |
|
Aug. 15, 2007 | |
|
05-50236
|
U.S. v. Seljan
Motion to suppress evidence is properly denied where search at FedEx facility revealed sexually explicit letter addressed to young girl in Philippines. |
Criminal Law and Procedure |
|
Aug. 14, 2007 | |
|
C052049
|
People v. Wagner
Defendant's sentence must be vacated as prosecutor mistakenly represents date of receipt of Section 1381 trial-sentencing demand. |
Criminal Law and Procedure |
|
Aug. 14, 2007 | |
|
06-15069
|
Womack v. Del Papa
Habeas petitioner alerted by agreement and canvass of potential consequences of pleading guilty is not prejudiced by counsel's prediction of trial outcome. |
Criminal Law and Procedure |
|
Aug. 13, 2007 | |
|
S139685
|
People v. Semaan
Sister-in-law of convicted defrauder cannot establish ownership of frozen assets where Evidence Code Section 662’s rebuttable presumption of ownership does not apply. |
Criminal Law and Procedure |
|
Aug. 13, 2007 | |
|
S141913
|
People v. Allen
Trial court lacks authority to extend mentally disordered offender's commitment if district attorney files recommitment petition after prior commitment expired. |
Criminal Law and Procedure |
|
Aug. 13, 2007 | |
|
H029580
|
In re Marquez
Due process requires that parolee be released from custody due to prejudice from delay of probable cause and parole revocation hearings. |
Criminal Law and Procedure |
|
Aug. 12, 2007 | |
|
B192805
|
People v. O'Dell
Jury may properly discredit defendant's explanation where corroborating evidence of car theft and conscious possession of stolen property support inference of guilt. |
Criminal Law and Procedure |
|
Aug. 12, 2007 | |
|
04-10226
|
U.S. v. Aukai
Airport screening search is constitutionally reasonable administrative search where defendant failed to produce picture identification. |
Criminal Law and Procedure |
|
Aug. 12, 2007 | |
|
05-30596
|
U.S. v. Garcia
Evidence is insufficient to show defendant entered conspiracy to distribute methamphetamine as of July 2003. |
Criminal Law and Procedure |
|
Aug. 12, 2007 | |
|
S127432
|
Garcia v. Superior Court (City of Santa Ana)
Where 'Pitchess' motion is accompanied by sealed declaration, sealed information released to city attorney under protective order would not protect defendant's interests. |
Criminal Law and Procedure |
|
Aug. 9, 2007 |