| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-10033
|
U.S. v. Miqbel
Adequate statement of reasons must accompany district court's imposition of sentence outside recommended guidelines. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
04-50226
|
U.S. v. Thornton
Offender's conviction for driving with blood alcohol level of 0.08 was includable in calculating his criminal history score. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
B178957
|
In re Carlos
Photographic line-up that displayed suspect's photo directly above his name and identification number was unnecessarily suggestive. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
05-903
|
Opinion of Lockyer
Confidential marital communications privilege does not apply when married peace officer is interrogated during investigation into misconduct by officer's spouse. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
A109991
|
People v. Delgado
In case involving domestic violence, application of Penal Code Section 1203.097 to offenses occurring in 1993 violated prohibition against ex post facto laws. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
G035853
|
County of Orange v. Lexington National Insurance Corp.
Court's failure to send notice of bail bond forfeiture to surety resulted in loss of jurisdiction to enter summary judgment against surety. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
E038122
|
People v. Failla
Following unsuccessful petition for certificate of rehabilitation, new period of rehabilitation begins from date of denial of petition. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
S136345
|
People v. Reed
Courts should consider only statutory elements in deciding whether defendant may be convicted of multiple charged offenses. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
S046733
|
People v. Demetrulias
Evidence of robbery and assault is admissible to establish motive and intent for felony-murder that took place earlier that same night. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
S128854
|
People v. Vasquez
In murder case, participation of conflicted prosecutor did not result in due process violations. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
B181966
|
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
D046582
|
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
B182681
|
People v. Parker
California's five-year residency requirement entitling ex-felon to certificate of rehabilitation does not violate U.S. Constitution. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
05-10708
|
U.S. v. Johnson
Proposed defense for convicted felon's gun possession, and proposed jury instruction that required inquiry into circumstances and motivations for possession are rejected. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
S045982
|
People v. Avila
Capital defendant's claims of error in guilt and penalty phases of trial did not warrant reversal of murder conviction. |
Criminal Law and Procedure |
|
Oct. 15, 2006 | |
|
04-16454
|
Stokes v. Schriro
Trial court committed 'Apprendi' error when it used judicial findings to increase defendant's sentence beyond statutory maximum. |
Criminal Law and Procedure |
|
Oct. 13, 2006 | |
|
D046582a
|
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. |
Criminal Law and Procedure |
|
Oct. 5, 2006 | |
|
A111284
|
Jeffrey T., a Minor
Court's conclusion that it could not order juvenile's records sealed was proper where assault offense was committed past age of 14. |
Criminal Law and Procedure |
|
Oct. 5, 2006 | |
|
D047088
|
Brierton v. Dept. of Motor Vehicles
DMV's suspension of driver's license did not violate separation of powers doctrine where term imposed was different from that in criminal case. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
04-50318
|
U.S. v. Decoud
Motion for evidentiary hearing was properly denied where record did not support defendants' claim that jury exerted racial pressure on sole African-American juror. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
S122816
|
People v. Hudson
Conviction for attempting to elude officers was improper where court failed to properly instruct jury regarding what is 'distinctively marked' police vehicle. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
F048121
|
People v. Jenan
Order that recused entire district attorney's office was proper where attorney who witnessed charged crime would testify at trial. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
B181966
|
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
B182791
|
People v. Ramirez
If pedestrian crossing roadway is not creating immediate hazard to himself or others, officer lacks probable cause to detain and search him. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
B185320
|
CTC Real Estate Services v. Lepe
Victim of identity theft has right to surplus funds that resulted from fraud even though perpetrator did not receive such funds. |
Criminal Law and Procedure |
|
Oct. 4, 2006 | |
|
H029842
|
In re Schmidt
California Youth Authority may not release on parole person committed under Section 1800 of Welfare and Institutions Code. |
Criminal Law and Procedure |
|
Oct. 3, 2006 | |
|
05-10339
|
U.S. v. Espinoza-Cano
In determining if prior conviction qualifies as aggravated felony, court may consider police report incorporated into complaint that recites mutually agreed-upon facts. |
Criminal Law and Procedure |
|
Oct. 3, 2006 | |
|
05-30177
|
U.S. v. Ziegler
Employee who accessed child pornographic websites had no objectively reasonable expectation of privacy in his workplace computer. |
Criminal Law and Procedure |
|
Oct. 3, 2006 | |
|
04-30337
|
U.S. v. Flatter
Where officers had no reason to believe defendant was armed or dangerous, search was unlawful and evidence seized must be suppressed. |
Criminal Law and Procedure |
|
Oct. 3, 2006 | |
|
05-10365
|
U.S. v. Ellsworth
Different scienter requirements of sentencing enhancements for felons in possession of stolen firearms and stolen explosives do not violate Equal Protection Clause. |
Criminal Law and Procedure |
|
Oct. 3, 2006 |