| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S124660
|
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims. |
Criminal Law and Procedure |
|
Aug. 31, 2012 | |
|
11-10467
|
U.S. v. Vasquez-Cruz
Appellate court must decline to review whether district court improperly failed to depart from guidelines range when sentencing defendant. |
Criminal Law and Procedure |
|
Aug. 31, 2012 | |
|
11-15880
|
Fenenbock v. Director of Corrections for California
Defendant is not entitled to pre-trial access to minor witness where there was no evidence of prosecutorial interference with witness' decision to refuse access. |
Criminal Law and Procedure |
|
Aug. 31, 2012 | |
|
C067498
|
People v. McCoy
Court properly finds two entries into home by defendant for sentencing purposes where jury did not make express finding as to number of entries. |
Criminal Law and Procedure |
|
Aug. 30, 2012 | |
|
09-99005
|
Ayala v. Wong
Court improperly excludes defense counsel from hearing on whether prosecution was systematically excluding nonwhite jurors from trial. |
Criminal Law and Procedure |
|
Aug. 30, 2012 | |
|
D058348
|
People v. Ortiz
Substantial evidence supports conviction for kidnapping during carjacking when defendants quickly entered vehicle and forced victims to stay inside. |
Criminal Law and Procedure |
|
Aug. 30, 2012 | |
|
A131539
|
People v. Schaefer
Trial court may not consider whether defendant’s death abated victim restitution order because appellate court’s prior order abated all proceedings. |
Criminal Law and Procedure |
|
Aug. 30, 2012 | |
|
09-56374
|
Stancle v. Clay
'Gap' tolling of one-year statute of limitations does not occur between successive lower court habeas petitions where inmate asserted new claims in second petition. |
Criminal Law and Procedure |
|
Aug. 29, 2012 | |
|
09-99021
|
Gentry v. Sinclair
District court improperly concludes that habeas corpus petition was procedurally defaulted because petitioner sufficiently exhausted claim in personal restraint petition. |
Criminal Law and Procedure |
|
Aug. 29, 2012 | |
|
10-10571
|
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive. |
Criminal Law and Procedure |
|
Aug. 29, 2012 | |
|
D059254
|
People v. Mitchell
Statute prohibiting concealed carrying of dirk or dagger does not violate constitutional right under Second Amendment to bear arms for self-defense. |
Criminal Law and Procedure |
|
Aug. 29, 2012 | |
|
C063710
|
People v. Atencio
Defendant may only be sentenced for firearm theft, and not firearm possession, because both acts were pursuant to only one criminal objective. |
Criminal Law and Procedure |
|
Aug. 29, 2012 | |
|
S188204
|
People v. Aranda
Trial court's failure to explain that defendant could not be convicted unless prosecution proved elements of crime beyond reasonable doubt is harmless error. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
S079656
|
In re Bacigalupo
Petitioner is entitled to relief from judgment of death where prosecution withheld favorable and material information from confidential informant. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
10-99016
|
Miles v. Ryan
Counsel acts competently when she omitted addiction evidence at defendant's sentencing hearing, given that omission was based on strategy. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
11-10134
|
U.S. v. Pineda-Doval
Evidence that defendant drove around spike strip, resulting in vehicle overturning and killing 10 illegal aliens, is not sufficient to show 'malice aforethought.' |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
11-50132
|
U.S. v. Bailey
SEC's civil complaint alone may not be admitted as 'other acts evidence' to show defendant's intent where no other evidence substantiated complaint. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
B197737
|
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. |
Criminal Law and Procedure |
|
Aug. 27, 2012 | |
|
B224166
|
People v. Sorrels
Court’s statement of case to prospective jurors is not misconduct given that judge properly directed jury on how to consider comments. |
Criminal Law and Procedure |
|
Aug. 27, 2012 | |
|
11-35114
|
Frost v. Boening
Trial court’s restriction on defense counsel's closing argument does not constitute structural error that would warrant automatic reversal. |
Criminal Law and Procedure |
|
Aug. 23, 2012 | |
|
B233089
|
People v. Cuellar
Although pattern instruction for continuous sexual abuse of child was problematic, any deficiencies are harmless given overwhelming evidence of defendant’s guilt. |
Criminal Law and Procedure |
|
Aug. 23, 2012 | |
|
F062740
|
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. |
Criminal Law and Procedure |
|
Aug. 23, 2012 | |
|
C067148
|
People v. Johnson
Two-year concurrent sentence based on enhancement for committing offense while on felony bail is stricken because punishment was contrary to statute. |
Criminal Law and Procedure |
|
Aug. 23, 2012 | |
|
F061058
|
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front. |
Criminal Law and Procedure |
|
Aug. 22, 2012 | |
|
10-50631
|
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency. |
Criminal Law and Procedure |
|
Aug. 22, 2012 | |
|
B239342
|
People v. Rodriguez
Appeal must be dismissed where defendant challenged validity of nolo contendere plea, but failed to obtain certificate of probable cause. |
Criminal Law and Procedure |
|
Aug. 22, 2012 | |
|
10-50500
|
U.S. v. McTiernan
Court properly declines to suppress intercepted recording where defendant failed to prove that recording was made for unlawful purpose. |
Criminal Law and Procedure |
|
Aug. 21, 2012 | |
|
S190647
|
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
08-17790
|
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
09-10492
|
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence. |
Criminal Law and Procedure |
|
Aug. 17, 2012 |