| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C066770
|
People v. Simmons
Sex offender cannot be prosecuted for showing pornographic movie to six-year-old boy because charges were not timely filed. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
D061287
|
In re Martinez
Inmate who became quadriplegic due to attack while incarcerated should be medically paroled because he is incapable of harming others without outside assistance. |
Criminal Law and Procedure |
|
Oct. 29, 2012 | |
|
12-73414
|
Amy and Vicky v. District Court (Kennedy)
Crime Victims Rights Act requires causal connection between defendant’s conduct and victim’s losses for purposes of awarding restitution to child pornography victims. |
Criminal Law and Procedure |
|
Oct. 26, 2012 | |
|
B235203
|
People v. Nunez
Mental health facility patient, who escaped and used hammer to take victim’s car, may not receive extra punishment for assault with hammer. |
Criminal Law and Procedure |
|
Oct. 26, 2012 | |
|
D060974
|
In re Shigemura
Board of Parole Hearings' decision to deny parole is correct because inmate minimized her role in murder plot by focusing on her own passivity. |
Criminal Law and Procedure |
|
Oct. 25, 2012 | |
|
D058988
|
People v. Jackson
Operator of medical marijuana dispensary, who cultivated marijuana for 1,600 members of collective, is entitled to defense under Medical Marijuana Program Act. |
Criminal Law and Procedure |
|
Oct. 25, 2012 | |
|
H037871
|
People v. Brandao
No-gang-contact probation condition is invalid because there were no ties between defendant, his criminal history, or his family to any gangs. |
Criminal Law and Procedure |
|
Oct. 25, 2012 | |
|
11-30241
|
U.S. v. Wolf Child
Probation conditions for defendant convicted of sexually abusing 16-year-old may not prohibit access to defendant’s own daughters. |
Criminal Law and Procedure |
|
Oct. 24, 2012 | |
|
B233444
|
People v. Alarcon
When defendant is charged with attempted murder as well as gun use, court is not required to instruct jury regarding assault with deadly weapon. |
Criminal Law and Procedure |
|
Oct. 24, 2012 | |
|
D058578
|
People v. Anguiano
Gang member's street terrorism conviction is overturned when based on possession of small quantity of narcotics, which did not promote gang's conduct. |
Criminal Law and Procedure |
|
Oct. 23, 2012 | |
|
E052463
|
People v. Jones
Defendant abandons motion to fire court-appointed attorney by failing to bring matter up after trial court forgot to conduct hearing on motion. |
Criminal Law and Procedure |
|
Oct. 23, 2012 | |
|
B231411
|
People v. Eroshevich
Anna Nicole Smith's lawyer may be found guilty of conspiring to provide illegal prescriptions to Smith, which she died from due to overdose. |
Criminal Law and Procedure |
|
Oct. 22, 2012 | |
|
S191934
|
People v. Mills
No due process violation occurs from presumed sanity instruction for paranoid murderer where jury relies on physical and witness evidence. |
Criminal Law and Procedure |
|
Oct. 19, 2012 | |
|
H037287
|
People v. Walker
Deputy unlawfully detains defendant based on his resemblance to suspects alone and there is no evidence of criminal activity at time of detention. |
Criminal Law and Procedure |
|
Oct. 19, 2012 | |
|
B233087
|
People v. Islas
Gang member’s intrusion into family’s home late at night coupled with gang’s reputation creates sufficient threat to raise false imprisonment charge to felony. |
Criminal Law and Procedure |
|
Oct. 19, 2012 | |
|
10-99012
|
Lambright v. Ryan
During death row inmate’s proceedings for habeas relief, district court must issue protective order when discovery starts to protect privileged materials. |
Criminal Law and Procedure |
|
Oct. 18, 2012 | |
|
11-30322
|
U.S. v. Peppers
Defendant who bit federal agent during arrest fails to prove that trial court's jury instruction on self-defense was incorrect. |
Criminal Law and Procedure |
|
Oct. 18, 2012 | |
|
B233877
|
People v. Brown
Drive-by shooter who used BB gun against victims may be convicted of assault with deadly weapon, even when instructions on weapon were flawed. |
Criminal Law and Procedure |
|
Oct. 18, 2012 | |
|
B229861
|
People v. Rocco
Defendant convicted of misdemeanor offense that was sentenced as felony due to gang allegation is subject to Three Strikes law. |
Criminal Law and Procedure |
|
Oct. 17, 2012 | |
|
A132148
|
People v. Barros
Defendant convicted of violating restraining order and drug possession is entitled to probation for nonviolent drug offenders because his offenses were not connected. |
Criminal Law and Procedure |
|
Oct. 17, 2012 | |
|
S177046
|
People v. Lopez
Laboratory analyst's colleague may testify regarding analyst's report on defendant’s blood alcohol content without violating Sixth Amendment. |
Criminal Law and Procedure |
|
Oct. 16, 2012 | |
|
S176886
|
People v. Dungo
At trial of man who strangled girlfriend, forensic pathologist's testimony based on autopsy report of another pathologist does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Oct. 16, 2012 | |
|
S176213
|
People v. Rutterschmidt
Laboratory director’s testimony regarding toxicology reports prepared by staff is acceptable in light of overwhelming evidence against defendant. |
Criminal Law and Procedure |
|
Oct. 16, 2012 | |
|
11-50062
|
U.S. v. Rangel
Sentencing court may consider whether defendant's victims will receive restitution from defendant in varying from sentencing guidelines. |
Criminal Law and Procedure |
|
Oct. 16, 2012 | |
|
C062760
|
People v. Stevey
Methods used to analyze DNA evidence from 16-year-old sexual assault victim may be used at trial without prior evidentiary hearing. |
Criminal Law and Procedure |
|
Oct. 15, 2012 | |
|
A131325
|
D.M. v. Dept. of Justice (People)
Sex offender convicted of oral copulation with person under age 18 does not need to register as sex offender after obtaining certificate of rehabilitation. |
Criminal Law and Procedure |
|
Oct. 15, 2012 | |
|
D059254
|
People v. Mitchell
Trolly passenger's conviction for carrying five-inch concealed dagger, which was capable of use as stabbing weapon, does not violate Second Amendment. |
Criminal Law and Procedure |
|
Oct. 12, 2012 | |
|
11-30147
|
U.S. v. Jackson
Sex trafficker is no longer able to appeal his conviction on speedy trial grounds after he entered into an unconditional guilty plea. |
Criminal Law and Procedure |
|
Oct. 12, 2012 | |
|
11-30307
|
U.S. v. Valencia-Riascos
ICE agent who was attacked by inmate may sit at prosecution's table at inmate's trial for assault on a federal officer. |
Criminal Law and Procedure |
|
Oct. 12, 2012 | |
|
C068476
|
People v. Lynch
California's Realignment Act, which provides that only certain felons sentenced after Oct. 1, 2011 will be put in state prison, does not violate equal protection. |
Criminal Law and Procedure |
|
Oct. 12, 2012 |