| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-30067
|
U.S. v. Speelman
The court properly interpreted sentencing guidelines when it applied four-level enhancement to sexual offender. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-10079
|
U.S. v. Willis
Where officers have probable cause to believe traffic violation occurred, they may conduct traffic stop even if stop serves another purpose. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-30393
|
U.S. v. Ladwig
Defendant's prior conviction for making harassing telephone call is 'violent felony' within meaning of Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-35305
|
Burnett v. Lampert
Defendant's release on parole and subsequent reimprisonment due to parole violation render his habeas corpus petition in federal court moot. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-56805
|
Espinoza-Matthews v. People
Statute of limitations for petition for writ of habeas corpus is tolled because petitioner was denied access to his legal materials. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
B180415
|
In re Rocha
Offender's murder conviction is set aside because defense counsel's ineffective assistance rendered trial unfair. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
H028837
|
People v. Foster
Court erred in finding adequate administrative remedy for alleged defects in parole revocation proceedings where administrative review regulations had been repealed. |
Criminal Law and Procedure |
|
Oct. 24, 2006 | |
|
04-30249
|
U.S. v. Clark
Congress' Foreign Commerce Clause power extends to regulating commercial sex acts abroad. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
C046852
|
People v. Queen
Prior convictions were properly treated as strikes where defendant attacked prosecutor shortly after guilty verdicts on prior crimes were read. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
G035897
|
People v. Kirk
Defendant is ineligible for deferred entry of judgment because he pleaded guilty to drug offense in federal court few months prior. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
B183836
|
People v. Jose Y.
Denial of motion to exclude evidence is proper where minor cannot contest nonintrusive patdown search at school. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
A112673
|
In re Andrade
Despite erroneously requiring offender to have dual parole plans, parole board's decision to deny parole based solely on commitment offense was proper. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
03-17241
|
Stark v. Hickman
Habeas petitioner's due process right was violated when court charged jury that petitioner was to be presumed 'conclusively sane' by jury. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
05-16055
|
Lara v. Ryan
In attempted murder case, denial of petition for habeas corpus is upheld where it is absolutely certain that jury found express malice. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
05-10056
|
U.S. v. Almazan-Becerra
Sentence enhancement is not proper where disjunctive guilty plea does not 'unequivocally establish' that defendant committed drug trafficking offense. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
H028213
|
People v. Rubio
In sexual battery case against massage therapist, new trial is proper where juror failed to disclose that she could not hear testimony. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
B184566
|
People v. Thompson
Discovery motion for officers' personnel files was properly denied because it failed to present plausible, specific factual scenario of officer misconduct. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
B185850
|
Kim v. Superior Court (People)
Words alone are sufficient to constitute act in furtherance of agreement to engage in prostitution when unequivocal and unambiguous. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
B179876
|
People v. Brock
Prisoner's escape conviction stands where improper introduction of plea negotiations confession did not cause prejudice. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
S012944
|
People v. Ramirez
Night Stalker's argument that trial court erred in granting his request to substitute counsel is rejected. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
S120238
|
People v. Modiri
Group beating principles in jury instruction did not negate requirement that defendant personally inflict great bodily harm on victim. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
A110124
|
People v. Terrell
Secretly recorded telephonic confession that did not take place under conditions constituting custodial interrogation was properly admitted at defendant's trial. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
05-50219
|
U.S. v. Hill
Affidavit describing images of partially nude minors was sufficient to establish probable cause to support warrant to search suspect's computer storage media. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
B183150
|
People v. Alvarado
Prosecutor's comments, vouching for integrity of office and victim, constituted prejudicial misconduct. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
S014394
|
People v. Ledesma
Court erred in failing to instruct jury on theft as lesser offense of robbery, but error does not require reversal of death sentence. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
S005502
|
People v. Rogers
In capital case, court was not required to instruct that multiple murder special circumstance required finding of intent to kill for both murders. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
B174594
|
Thompson v. County of Los Angeles
Where law does not support claim that use of trained police dog constitutes deadly force, unreasonable force jury instruction was proper. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
B181822
|
People v. Hayes
Conviction for battery with injury is reversed where court failed to instruct, sua sponte, on lesser included offense of battery without injury. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
B187352
|
People v. Jeffery
Where offender was convicted of drug possession and transportation, court should have specified reasons for not committing her to rehabilitation center. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
S033436
|
People v. Lewis
Defendants, convicted of murder and sentenced to death, are not entitled to relief on their 'Batson-Wheeler' claims. |
Criminal Law and Procedure |
|
Oct. 22, 2006 |