| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B180922
|
People v. Bejarano
Defendant who intends to shoot rival gang member but kills another is not guilty of second degree felony murder under merger doctrine. |
Criminal Law and Procedure |
|
May 4, 2007 | |
|
05-1631
|
Scott v. Harris
Deputy does not violate Fourth Amendment by pushing vehicle off road to end high-speed pursuit. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
05-10575
|
U.S. v. Sine
Court finds no plain error in prosecution of defendant involved in pyramid scheme, despite the use of inadmissible hearsay and prejudicial evidence. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
H030201
|
In re Smith
Court allows convicted murderer to apply excess time served credits against his parole sentence. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
B190523
|
People v. Thomas
Failure to use recommended jury instruction reciting same legal principle does not constitute structural error. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
D046806
|
People v. Macklem
Suspect is not 'in custody' for 'Miranda' purposes when interviewed by law enforcement official at custodial facility where he was already confined. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
B183711
|
People v. Herndon
Deputies' use of force to compel fingerprinting violates due process rights but is not prejudicial error requiring reversal for new trial. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
S134883
|
People v. Crandell
Defendant is not entitled to relief where parties intend plea bargain to leave amount of restitution fine to court's discretion. |
Criminal Law and Procedure |
|
Apr. 30, 2007 | |
|
03-10585
|
U.S. v. Heredia
Willful ignorance instruction must address defendant's motive for avoiding truth, and is subject to review for abuse of discretion. |
Criminal Law and Procedure |
|
Apr. 30, 2007 | |
|
S036105
|
People v. Prince
Knives properly admitted to show motive where defendant uses such weapons in multiple murders and burglaries. |
Criminal Law and Procedure |
|
Apr. 30, 2007 | |
|
05-11304
|
Smith v. Texas
Texas defendant's challenge to special-issue questions are preserved on appeal where capital jury's nullification charge never cured defective instruction. |
Criminal Law and Procedure |
|
Apr. 27, 2007 | |
|
05-11287
|
Brewer v. Quarterman
Texas court impermissibly fails to allow jury to consider mitigating evidence, tending to diminish culpability, in deciding death sentence. |
Criminal Law and Procedure |
|
Apr. 27, 2007 | |
|
05-11284
|
Abdul-Kabir v. Quarterman
Juries must give meaningful consideration and effect to relevant mitigating evidence that may provide basis for not imposing death penalty on particular defendant. |
Criminal Law and Procedure |
|
Apr. 27, 2007 | |
|
H028513
|
People v. Carlin
Defendant in sexually violent predator hearing is entitled to due process, but not jury instruction defining 'offending act' or regarding unanimity. |
Criminal Law and Procedure |
|
Apr. 27, 2007 | |
|
B185735
|
People v. Diaz
Maximum sentence judge may impose without additional findings is statutory mid-term sentence under Determinate Sentencing Law. |
Criminal Law and Procedure |
|
Apr. 26, 2007 | |
|
S132496
|
Troppman v. Valverde
Proof of actual driving, immediately before arrest for suspicion of driving under influence, is not required to suspend driver's license. |
Criminal Law and Procedure |
|
Apr. 26, 2007 | |
|
F050421
|
People v. Safety National Casualty Corp.
Bail is exonerated where bond terms only guarantee appearance through judgment and court continues truant on probation. |
Criminal Law and Procedure |
|
Apr. 25, 2007 | |
|
b189383
|
People v. Smith
Deadly weapons enhancement may be applied to animal cruelty cases. |
Criminal Law and Procedure |
|
Apr. 25, 2007 | |
|
F048765
|
People v. Shadden
Defendant cannot be relieved of criminal responsibility by unilaterally giving himself permission to shoot car he owns jointly with girlfriend. |
Criminal Law and Procedure |
|
Apr. 25, 2007 | |
|
H029808
|
People v. Guess
Admission of preliminary hearing testimony into evidence allowed where witness is unavailable and defendant had opportunity to cross-examine. |
Criminal Law and Procedure |
|
Apr. 25, 2007 | |
|
G037094
|
People v. Perrusquia
Fact that officer's suspicions of criminal activity proved true cannot be used to retroactively justify defendant's detention. |
Criminal Law and Procedure |
|
Apr. 25, 2007 | |
|
C051707
|
People v. The Broderick Boys
Default judgment enjoining street gang is void for lack of notice if gang is not 'unincorporated association' and only one member is served. |
Criminal Law and Procedure |
|
Apr. 24, 2007 | |
|
05-50768
|
U.S. v. Castillo-Basa
If issue of defendant's veracity was decided at prior trial for different offense, later prosecution for perjury is barred by double jeopardy. |
Criminal Law and Procedure |
|
Apr. 24, 2007 | |
|
C052400
|
People v. Schnabel
Court in child molestation case properly admits into evidence defendant's prior sex offenses and instructs jury on their use. |
Criminal Law and Procedure |
|
Apr. 24, 2007 | |
|
C051736
|
People v. Waymire
Court properly imposes upper term where defendant admitted to violating his probation. |
Criminal Law and Procedure |
|
Apr. 20, 2007 | |
|
05-36145
|
Brazzel v. State of Washington
Defendant charged with two offenses, and convicted of only one, cannot be retried on second offense if his conviction is later reversed. |
Criminal Law and Procedure |
|
Apr. 20, 2007 | |
|
A113628
|
People v. Lindsey
Defendant cannot suppress gun where officer reasonably suspects person matching description in 911 call was armed and involved in reported crime. |
Criminal Law and Procedure |
|
Apr. 19, 2007 | |
|
05-9264
|
James v. U.S.
Attempted burglary conviction is 'violent felony' for sentencing purposes under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Apr. 19, 2007 | |
|
05-50608
|
U.S. v. Murphy
If defendant stipulates to removal of juror, verdict rendered by remaining jurors is still unanimous, even if dismissed juror was holdout for acquittal. |
Criminal Law and Procedure |
|
Apr. 19, 2007 | |
|
06-30127
|
U.S. v. Leonard
Court need not give defendant advance notice that it is considering sentence above range prescribed by Federal Sentencing Guidelines for parole violation. |
Criminal Law and Procedure |
|
Apr. 19, 2007 |
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