| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B170355
|
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
C050103
|
People v. Wilmshurst
In case involving conviction for unlawfully possessing machine gun, defendant's privilege against self-incrimination is not violated and his federal pre-emption argument fails. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
05-30456
|
U.S. v. Crapser
Where 'knock and talk' resulted in voluntary, consensual encounter between defendant and police, evidence seized was admissible. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
05-10671
|
U.S. v. Jiang
Evidence is insufficient to support Chinese citizen's conviction for intentionally making materially false statement to federal agent. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
06-30024
|
U.S. v. Jones
False representations made regarding unlawful appropriation of money that was previously acquired from investors in good faith constitutes wire fraud. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
B192395
|
Ramos v. Superior Court (People)
Good cause attributed from one jointly charged codefendant to another does not permit continuing preliminary hearing for both defendants beyond 60 days. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
04-50082
|
U.S. v. Lyons
In telemarketing fraud case, government did not err in introducing evidence that over 80 percent of donations went to telemarketers. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
06-30193
|
U.S. v. Hicks
'Booker' requirement that district courts treat Sentencing Guidelines as advisory applies to resentencing of defendants pursuant to 18 U.S.C. Section 3582(c). |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
06-10074
|
U.S. v. Hernandez-Castro
Advisory nature of Federal Sentencing Guidelines post-'Booker' does not render guidelines advisory for purposes of calculating criminal history points. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
06-10273
|
U.S. v. Lazarenko
In case regarding forfeiture of assets from former Ukrainian prime minister, liquidators claiming they own forfeited assets lack standing to invoke jurisdiction. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
B186098
|
People v. Perdomo
Some indication of coercive police activity in eliciting statement is required for statement to be deemed involuntary for constitutional purposes. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
05-50302
|
U.S. v. Blanton
Double jeopardy will attach if applicability of sentencing enhancement that would have increased defendant's maximum sentence is not proven and defendant is acquitted. |
Criminal Law and Procedure |
|
Feb. 16, 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 |
|
Feb. 16, 2007 | |
|
S038499
|
People v. Bell
Trial court's decision to strike, upon prosecutor's request, question and answer on cross-examination of defense exert was harmless error in death penalty case. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
C049291
|
People v. Bellacosa
Offender's convictions in Nevada for conduct occurring in Nevada did not preclude his prosecution in California for conduct committed in California. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
D046453
|
Ambriz v. Kelegian
Summary judgment in favor of respondents was improper where rape victim raised triable issue of fact about whether apartment's actions caused her injury. |
Criminal Law and Procedure |
|
Feb. 16, 2007 | |
|
D046757
|
People v. Goodwillie
Defendant's due process rights were violated when court misinformed him regarding eligibility for good behavior credits under plea bargain. |
Criminal Law and Procedure |
|
Feb. 14, 2007 | |
|
05-50624
|
U.S. v. Mercado
District court did not err in sentencing when it considered criminal activity which defendants had been charged in indictment but were acquitted. |
Criminal Law and Procedure |
|
Feb. 13, 2007 | |
|
S035348
|
People v. Smith
Conviction is proper where defendant never asked for attorney during interrogation where he admitted involvement in murders. |
Criminal Law and Procedure |
|
Feb. 13, 2007 | |
|
05-50876
|
U.S. v. Valle-Montalbo
Prior conviction for possessing methamphetamine for sale in violation of state statute is 'drug trafficking offense' for purposes of federal sentencing enhancement. |
Criminal Law and Procedure |
|
Feb. 9, 2007 | |
|
C051431
|
People v. Zackery
Information recorded by court clerk in minutes and abstract of judgment, which was inconsistent with judge's pronouncement of sentence, constitutes error. |
Criminal Law and Procedure |
|
Feb. 7, 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 |
|
Feb. 7, 2007 | |
|
H028783
|
People v. Mentch
In case regarding Compassionate Use Act, trial court improperly refused to provide requested 'primary caregiver' instruction to charge of cultivating marijuana. |
Criminal Law and Procedure |
|
Feb. 6, 2007 | |
|
D045941
|
People v. Ramirez
Trial court erred in admitting rape victim's statements made to third parties under spontaneous declaration exception to hearsay rule, but error was harmless. |
Criminal Law and Procedure |
|
Feb. 6, 2007 | |
|
H028471
|
People v. Ormonde
Motion to suppress evidence should have been granted where detective's illegal entry of residence led to discovery of contraband. |
Criminal Law and Procedure |
|
Feb. 6, 2007 | |
|
C048615
|
People v. Maestas
Only residential burglaries constitute first degree burglary and serious felonies, thus prior second degree burglary conviction may not trigger Three Strikes Law. |
Criminal Law and Procedure |
|
Feb. 6, 2007 | |
|
B165767
|
People v. Esquibel
Defendant's constitutional right to open trial is not violated where two spectators were excluded during testimony of minor. |
Criminal Law and Procedure |
|
Feb. 6, 2007 | |
|
B164649
|
People v. Chacon
Defense of entrapment by estoppel is not available to defendant who allegedly relied on advice of city attorney. |
Criminal Law and Procedure |
|
Feb. 6, 2007 | |
|
F048796
|
People v. Ranger Insurance Co.
Trial court lost jurisdiction to declare bond forfeited when it failed to do so on defendant's initial nonappearance. |
Criminal Law and Procedure |
|
Feb. 5, 2007 | |
|
B186072
|
People v. Rutter
Although trial court erred in instructing jury on elements of perjury, error does not require reversal. |
Criminal Law and Procedure |
|
Feb. 5, 2007 |