| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G036049
|
People v. Chaney
Objection based on defendant's inability to cross-examine out-of-court witness at trial does not preserve claim for violation of Confrontation Clause on appeal. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
E039093
|
People v. Scott
Father convicted of incestuous conduct with adult daughter cannot assert due process rights where statute serves legitimate state interest. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
B190720
|
People v. Cooper
Confrontation Clause precludes neither videotaped evidence depicting elder's mental status and house condition nor expert opinion based on hearsay in interviews. |
Criminal Law and Procedure |
|
Mar. 19, 2007 | |
|
05-30347
|
U.S. v. Lopez
Motion to suppress evidence is properly denied where there was probable cause to believe that defendant was accessory to crime. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
05-17131
|
Robbins v. Carey
Federal district court is not required to consider sua sponte stay-and-abeyance procedure for writ petitions. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
05-16650
|
Summers v. Schriro
Of-right proceeding is form of direct review that delays start of limitations period for plea-convicted defendants seeking habeas corpus relief. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
05-30522
|
U.S. v. Parry
Methamphetamine delivery punishable by statutory 10-year maximum sentence is 'serious drug offense' under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
03-15481
|
Raich v. Gonzales
Plaintiff who uses marijuana for medical purposes cannot assert necessity defense as proper basis for injunctive relief. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
06-50219
|
U.S. v. Sales
Supervised release conditions must be related to nature and circumstances of defendant's crime, and involve no greater deprivation of liberty than reasonably necessary. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
04-56231
|
Benitez v. Garcia
Federal habeas courts may enforce limitations on punishment of extradited fugitive if punishment exceeds that imposed by extraditing country. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
H029019
|
People v. Garcia
Upon revocation of probation, trial court's reduction of defendant's sentence and removal of sex offender registration requirement was unauthorized. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
04-55838
|
U.S. v. Novak
Criminal defendant's retirement benefits are available as source of funds to compensate crime victims. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
G036876
|
People v. Catley
Caretaker who uses patient's money to buy SUV commits larceny and is not denied due process by instruction regarding impaired witness' credibility. |
Criminal Law and Procedure |
|
Mar. 12, 2007 | |
|
05-35062
|
Sarausad v. Porter
Instruction is unconstitutional if its ambiguity creates reasonable likelihood that juries will apply instruction in manner that relieves state of its burden of proof. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
06-30185
|
U.S. v. Lewellyn
Intentionally spitting on male patient is offensive touching that rises to level of simple assault under theory of attempted battery. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
C051800
|
People v. Perez
Motion for constructive filing of late statement of reasonable grounds for appeal is denied where statement raises 'clearly frivolous' issue. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
E038509
|
People v. Dixon
Jury properly finds defendant to be sexually violent predator where presence of camera and reporters in courtroom did not adversely affect trial. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
B185745
|
People v. James
Conviction of kidnapping for robbery is proper where outdoor maintenance worker was forced inside club at gunpoint. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
A111891
|
People v. Villa
Coram nobis writ is properly denied where improper advice as to immigration status amounts to mistake of law, not mistake of fact. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
B187213
|
People v. Santos
Defendant's inability to speak to jury after trial, due to juror's post-verdict departure through private corridor, does not violate due process. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
A111081
|
People v. Price
Belated petition to extend defendant's commitment must afford him time to prepare for trial before his release date, to comport with due process. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
05-15275
|
Irons v. Carey
Court reverses grant of habeas corpus petition of rehabilitated inmate denied parole based on cruel manner and trivial motive for killing. |
Criminal Law and Procedure |
|
Mar. 9, 2007 | |
|
B176608
|
People v. Superior Court (Decker)
Man who hired undercover detective to murder sister is guilty of attempted murder. |
Criminal Law and Procedure |
|
Mar. 8, 2007 | |
|
S140865
|
Jesus O., a Minor
Where juvenile intended to steal, caused property to fall on floor, and then gained possession of property, offense qualifies as grand theft. |
Criminal Law and Procedure |
|
Mar. 8, 2007 | |
|
G035328
|
People v. Sun
Court improperly dismisses nine counts in 'consolidation' of weapons offense, but correctly suppresses evidence obtained from dealer's compliance with firearms registration requirements. |
Criminal Law and Procedure |
|
Mar. 8, 2007 | |
|
B190637
|
In re Walker
Relief granted where it is reasonably probable that verdict would have been different if evidence of intimate partner battering was introduced at trial. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
C051800
|
People v. Perez
Motion for constructive filing of late statement of reasonable grounds for appeal is denied where statement raises 'clearly frivolous' issue. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
C050332
|
People v. Matye
Evidence is sufficient to establish defendant's victim was dependent adult where statute's word 'restrict' is not synonymous with 'preclude.' |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
S141480
|
In re Martinez
Order |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
B189682
|
In re Pedroza
Trial court did not abuse discretion in admitting relevant videotaped demonstration, conducted under substantially similar circumstances as alleged arson. |
Criminal Law and Procedure |
|
Mar. 7, 2007 |