Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-10003
|
U.S. v. Sandeen
Expiration of grand jury was not a jurisdictional defect, so defendant-appellant's waiver of right to challenge conviction on any grounds effectively included the right to challenge expired grand jury's indictment. |
Criminal Law and Procedure |
|
A. Hurwitz | Jun. 28, 2024 |
22-30177
|
U.S. v. Stackhouse
Application of the federal kidnapping statute to an intrastate kidnapping was constitutional where a defendant used a cellphone in furtherance of the offense. |
Criminal Law and Procedure |
|
M. Berzon | Jun. 28, 2024 |
S272632
|
In re Harris
When denying bail pursuant to the California Constitution's Article I, Section 12(b), trial courts are not limited to considering only evidence that would be admissible at a criminal trial. |
Criminal Law and Procedure |
|
P. Guerrero | Jun. 28, 2024 |
D082058
|
People v. Gonzalez
When contemplating the dismissal of a sentencing enhancement, the court needed to assess the danger to public safety inherent in any such dismissal based on the time of release. |
Criminal Law and Procedure |
|
J. Irion | Jun. 28, 2024 |
23-108
|
Snyder v. U.S.
18 U.S.C. Section 666 proscribes bribes to state and local officials but does not make it a crime for those officials to accept gratuities for their past acts. |
Criminal Law and Procedure |
|
B. Kavanaugh | Jun. 27, 2024 |
21-56353
|
Grimes v. Phillips
Testimony obtained by a jailhouse informant posing as inmate was not necessarily precluded by the Fifth Amendment, even if the suspect had invoked his right to counsel. |
Criminal Law and Procedure |
|
G. Sanchez | Jun. 27, 2024 |
H051569
|
People v. Superior Court (Williams)
Applying the revised penalty provisions of the Three Strikes Reform Act to reduce a defendant's indeterminate life term to a determinate term when the defendant is being resentenced due to an invalid prior prison term enhancement unconstitutionally amends voter-approved provisions. |
Criminal Law and Procedure |
|
P. Bamattre-Manoukian | Jun. 26, 2024 |
D082208
|
People v. Ackerman
Trial court did not err in validating defendant's Penal Code Section 12022.7 additional three year-term for great bodily injury enhancement for attempted manslaughter. |
Criminal Law and Procedure |
|
R. Huffman | Jun. 25, 2024 |
23-370
|
Erlinger v. U.S.
The Fifth and Sixth Amendments require a unanimous jury to make the determination beyond a reasonable doubt that a defendant's past offenses were committed on separate occasions for Armed Career Criminal Act purposes. |
Constitutional Law, Criminal Law and Procedure |
|
N. Gorsuch | Jun. 24, 2024 |
D081878
|
People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense. |
Criminal Law and Procedure |
|
J. Kelety | Jun. 24, 2024 |
A166731
|
People v. Morales
Petitioner was not entitled to resentencing where trial record showed jury necessarily found he was the actual shooter in attempted murder occurring during armored truck robbery. |
Criminal Law and Procedure |
|
M. Miller | Jun. 24, 2024 |
23-14
|
Diaz v. United States
Expert testimony about most drug couriers' mental states generally was not an opinion on the defendant's specific mental state when she was caught transporting drugs, so it was admissible. |
Evidence, Criminal Law and Procedure |
|
C. Thomas | Jun. 21, 2024 |
B329999M
|
Modification: In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court. |
Criminal Law and Procedure, Juveniles |
|
H. Baltodano | Jun. 19, 2024 |
S087560
|
People v. Nadey
Defendant failed to demonstrate peremptory challenges were based on purposeful racial discrimination where prosecutor offered plausible race-neutral explanations that were supported by the record. |
Criminal Law and Procedure |
|
C. Corrigan | Jun. 18, 2024 |
23-1182
|
U.S. v. Howald
Proof that a firearm used in a hate crime had at some point traveled in interstate commerce satisfied the required nexus for federal jurisdiction. |
Criminal Law and Procedure |
|
J. Owens | Jun. 14, 2024 |
09-99002
|
Lee v. Thornell
Habeas petitioner could not overcome the procedural defect of failing to raise ineffective assistance claims at his state court post-conviction proceedings. |
Criminal Law and Procedure |
|
D. Bress | Jun. 12, 2024 |
C097971
|
People v. Graham
Trial transcripts were relevant evidence the trial court could consider when deciding whether convicted criminal defendant was retroactively eligible for pretrial mental health diversion. |
Criminal Law and Procedure |
|
P. Krause | Jun. 11, 2024 |
A168087
|
People v. Fish
Lack of unanimity instruction regarding lesser included offense was harmless where jury resolved basic credibility dispute against defendant and would have convicted him of any offense shown by the evidence. |
Criminal Law and Procedure |
|
J. Goldman | Jun. 7, 2024 |
D082223
|
People v. Gefrerer
A perpetrator's calm demeanor and a bank's policy to acquiesce to demands for money under criminal threat did not negate the satisfaction of the "fear" element necessary for a robbery conviction. |
Criminal Law and Procedure |
|
R. Huffman | Jun. 7, 2024 |
F085869
|
People v. Mayberry
Ameliorative sentencing statute applied to prior prison term enhancements that were imposed but stayed during original sentencing. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 6, 2024 |
G063593
|
People v. Rounds
Trial court should have considered post-release conduct rather than the nature and circumstances of the underlying conviction when evaluating a petition for a certificate of rehabilitation. |
Criminal Law and Procedure |
|
M. Gooding | Jun. 6, 2024 |
21-30055
|
U.S. v. Farias-Contreras
Prosecutor breached the agreement in a plea to not recommend a sentence in excess of the low-end guideline range by surrounding that recommendation with inflammatory rhetoric. |
Criminal Law and Procedure |
|
M. Smith | Jun. 4, 2024 |
S274743
|
People v. Burgos
Penal Code Section 1109, allowing for bifurcation of certain gang-related trials, may not be applied retroactively. |
Criminal Law and Procedure |
|
P. Guerrero | Jun. 4, 2024 |
B329999
|
In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court. |
Criminal Law and Procedure, Juveniles |
|
H. Baltodano | Jun. 3, 2024 |
22-982
|
Thornell v. Jones
Ninth Circuit's interpretation and application of *Strickland v. Washington* was erroneous. |
Constitutional Law, Criminal Law and Procedure |
|
S. Alito | May 31, 2024 |
S272850
|
Wheeler v. Appellate Division of Superior Court
Trial court did not err in considering plaintiff's innocent state of mind when it dismissed misdemeanor strict liability charges in furtherance of justice. |
Criminal Law and Procedure |
|
M. Jenkins | May 31, 2024 |
D082865
|
People v. Superior Court (Chagolla)
There was insufficient evidence to imply malice for a defendant who caused a lethal car accident by remaining in her car after a police chase where defendant was nonresponsive and incoherent. |
Criminal Law and Procedure |
|
R. Huffman | May 31, 2024 |
A168411
|
People v. Pritchett
Good faith exception to the exclusionary rule applied where detective took objectively reasonable steps to determine whether the defendant was on searchable probation before warrantless search of hotel room. |
Criminal Law and Procedure |
|
M. Langhorne Wilson | May 30, 2024 |
22-50235
|
U.S. v. Chanel Wiley
Because ankle monitors are not inherently prejudicial, defendant was required to prove actual prejudice to sustain her claim that ankle monitor's beeping during trial warranted a new trial. |
Criminal Law and Procedure |
|
J. Owens | May 30, 2024 |
22-50288
|
U.S. v. Groppo
Criminal defendant was not eligible for expungement because his request for relief was based solely on equitable grounds. |
Criminal Law and Procedure |
|
G. Katzmann | May 28, 2024 |