| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-9659
|
Miller-El v. Dretke
Prosecutor's dismissal of potential jurors because they were African-American requires new trial. |
Criminal Law and Procedure |
|
Jun. 15, 2005 | |
|
C042763
|
People v. Williams
Murder conviction of defendant who caused death of passenger during high-speed police chase is reversed. |
Criminal Law and Procedure |
|
Jun. 14, 2005 | |
|
E033166
|
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence. |
Criminal Law and Procedure |
|
Jun. 14, 2005 | |
|
04-368
|
Arthur Andersen LLP v. U.S.
Jury instructions for obstruction of justice charge must require findings of dishonesty and contemplation of legal proceeding. |
Criminal Law and Procedure |
|
Jun. 13, 2005 | |
|
B160462
|
Warrick v. Superior Court (City of Los Angeles Police Dept.)
Court did not abuse its discretion in denying defendant's request for confidential police personnel files. |
Criminal Law and Procedure |
|
Jun. 8, 2005 | |
|
04-5928
|
Medellin v. Dretke
Alien's writ of certiorari was improvidently granted in light of recent international court decision and President's memorandum. |
Criminal Law and Procedure |
|
May 31, 2005 | |
|
B175225
|
People v. Pinedo
Prosecutor cannot refile felony complaint for case that was dismissed on speedy-trial grounds. |
Criminal Law and Procedure |
|
May 30, 2005 | |
|
C039031
|
People v. Wright
Excluding defense witnesses regarding defendant's state of mind, to support imperfect self-defense theory is prejudicial error requiring reversal of judgment. |
Criminal Law and Procedure |
|
May 26, 2005 | |
|
B171492
|
People v. Russell
Defendant who pushes person into path of oncoming vehicle is guilty of assault with deadly weapon. |
Criminal Law and Procedure |
|
May 24, 2005 | |
|
04-405
|
Opinion of Lockyer
Governmental entity is not required to retain biological material secured in misdemeanor case. |
Criminal Law and Procedure |
|
May 20, 2005 | |
|
03-725
|
Pasquantino v. United States
Plot to defraud foreign government of tax revenue violates federal wire fraud statute. |
Criminal Law and Procedure |
|
May 10, 2005 | |
|
03-750
|
Small v. United States
Defendant's conviction in Japan for gun smuggling did not bar him from possessing gun in United States. |
Criminal Law and Procedure |
|
May 10, 2005 | |
|
S026223
|
People v. Smith
Evidence of defendant's mental illness may be admitted as aggravating factor if it relates to circumstances of crime. |
Criminal Law and Procedure |
|
May 9, 2005 | |
|
S107856
|
Crew on Habeas Corpus
Order |
Criminal Law and Procedure |
|
May 9, 2005 | |
|
S045504
|
People v. Panah
Defendant's conviction and death sentence for murdering eight-year old girl are affirmed. |
Criminal Law and Procedure |
|
May 5, 2005 | |
|
03-9627
|
Pace v. DiGuglielmo
State postconviction petition rejected as untimely was not 'properly filed' under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
May 4, 2005 | |
|
03-9046
|
Rhines v. Weber
District court may stay mixed habeas petition to allow petitioner to present unexhausted claims to state court. |
Criminal Law and Procedure |
|
Apr. 25, 2005 | |
|
H022727
|
People v. Dominguez
ncomplete jury instructions require reversal of defendant's conviction for felony murder. |
Criminal Law and Procedure |
|
Apr. 13, 2005 | |
|
03-9685
|
Johnson v. United States
Limitations period to challenge federal sentence enhancement begins to run when underlying state conviction is vacated. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
02-15475
|
Kesser v. Cambra
State appellate court did not err in using 'mixed motive' analysis to uphold constitutionality of three peremptory challenges. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
F044634
|
People v. Eribarne
Misdemeanor conviction for driving under influence makes defendant ineligible for Proposition 36 probation and drug treatment. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
S044677
|
People v. Horning
Letter sent by California detective to Arizona authorities who had defendant in custody is insufficient to trigger federal speedy trial rights. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
F044541
|
Sons v. Superior Court (People)
Prosecutorial misconduct intended to secure conviction does not bar subsequent retrial. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
B166737
|
People v. Accredited Surety & Casualty Co. Inc.
Failure of trial court to consider statutory factors before reducing defendant's bail amount is no defense to forfeiture of bail bond. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
C044731
|
People v. Bowen
Defendant who violated terms of Proposition 36 probation three times is ineligible for further probation. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
F044486
|
People v. Beagle
Dismissed drug charge cannot be basis for drug-related probation condition. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
03-50304
|
U.S. v. Lopez-Zamora
Federal guidelines permit sentence departure for minor nature of underlying felony. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
03-30404
|
U.S. v. Bad Marriage
Upward departure is not justified when based only on quantity of non-serious past criminal conduct. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
Michael
|
Beardslee v. Brown
Jury's consideration of invalid special circumstances did not have substantial and injurious effect on verdict. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
B169161
|
People v. Gutierrez
Defendant who moved to suppress evidence before magistrate does not have to make motion before superior court after complaint is reinstated. |
Criminal Law and Procedure |
|
Apr. 12, 2005 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com