| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-30281
|
U.S. v. Lewis
Petitioner who failed to challenge sentence on Sixth Amendment grounds is entitled to limited remand for resentencing. |
Criminal Law and Procedure |
|
Sep. 9, 2005 | |
|
04-1104
|
Opinion of Lockyer
Crime committed without animosity or other bias toward protected characteristic of victim is not hate crime. |
Criminal Law and Procedure |
|
Sep. 2, 2005 | |
|
02-10210
|
U.S. v. Callum
Wiretap order need not name authorizing party when it was authorized by empowered official. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
B176701
|
People v. Hill
Declaration of criminal defendant that merely contradicted civilian witness statements did not support Pitchess motion. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
S126182
|
People v. Black
Court's decision to impose upper-term sentence did not implicate defendant's right to jury trial. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
S120677
|
People v. Sorden
Forgetting to update one's sex offender registration due to depression is not valid excuse. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
F044054
|
People v. Calderon
Defendant who fatally collided with other motorist during high-speed police chase is entitled to new murder trial. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
C046360
|
People v. Long
Trial court did not err in refusing to give character instruction for witness credibility. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
C044996
|
People v. McElroy
Defendant's convictions for dissuading victim and obstructing telephone line are upheld. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
A103716
|
People v. Saphao
'Separate occasion test' will determine whether multiple sentences should run concurrently or consecutively. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
F043786
|
People v. Solorzano
Trial court should have held hearing for substitution of counsel after defendant requested it during competency hearing. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
D043159
|
People v. Rucker
Evidence of prior domestic violence incident was admissible against defendant who shot ex-boyfriend. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
C042448
|
People v. Sloan
Enhancements must be considered in determining necessarily included offenses for double jeopardy purposes. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
B170806
|
People v. Boulden
Trial court's prophylactic order for counsel not to misuse peremptory challenges was reasonable. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
E033784
|
People v. Overman
Trial court's failure to instruct jury on lesser included offense requires reversal of defendant's conviction for firing at occupied building. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
B170874
|
People v. Diaz
Failure to yield cannot be used as one qualifying violation to establish willful disregard element of evasion offense. |
Criminal Law and Procedure |
|
Aug. 30, 2005 | |
|
04-10401
|
U.S. v. Fay
House guest did not have reasonable expectation of privacy in open duffle bag kept in common laundry room. |
Criminal Law and Procedure |
|
Aug. 29, 2005 | |
|
03-30413
|
U.S. v. Harrington
After completion of direct appeal of federal conviction, appointment of counsel for motion for new trial is not constitutionally guaranteed. |
Criminal Law and Procedure |
|
Aug. 29, 2005 | |
|
04-30243
|
U.S. v. Marquez
Random, additional screening procedure at airport is reasonable under Fourth Amendment. |
Criminal Law and Procedure |
|
Aug. 29, 2005 | |
|
A105198
|
People v. Houston
Prosecution can introduce DNA evidence recovered from bullet even though forensic biologist removed all biological material from bullet. |
Criminal Law and Procedure |
|
Aug. 29, 2005 | |
|
04-10169
|
U.S. v. Nobriga
Charge of possessing firearm after misdemeanor domestic violence conviction must be dismissed where prior conviction was for assault of former girlfriend. |
Criminal Law and Procedure |
|
Aug. 24, 2005 | |
|
99-17311
|
Campbell v. Rice
Defendant who was excluded from in-chambers meeting to determine whether his attorney had conflict is not entitled to habeas relief. |
Criminal Law and Procedure |
|
Aug. 24, 2005 | |
|
03-10573
|
U.S. v. Sears
Search warrant that contained eight words not approved by judge does not require complete suppression of seized evidence. |
Criminal Law and Procedure |
|
Aug. 24, 2005 | |
|
04-30083
|
U.S. v. Brailey
Defendant's conviction for domestic violence precluded him from benefiting from federal restoration exception. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-10691
|
U.S. v. Vela-Robles
Alien who triggered seismic sensor at illegal border crossing was not under constant observation. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
S033440
|
People v. Benavides
Lewd and lascivious conduct is not lesser included offense of rape or sodomy. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
E034765
|
People v. Davis
Nursing home administrator can be convicted for failure to report suspected abuse based on finding that reasonable person would have suspected abuse. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-35161
|
Morrison v. Mahoney
State did not waive its defenses to prisoner's habeas petition by failing to raise them in initial motion to dismiss. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
B173126
|
People v. Gonzalez
Denial of defendant's request for continuance is proper when defendant had ample notice of prosecution witness's testimony. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
G031641
|
In re Wagner
Placing probationer in custody for one month for failing to cooperate with judicial assistant violated due process. |
Criminal Law and Procedure |
|
Aug. 23, 2005 |