Criminal Law & Procedure
[08/05]
US v. MARTINEZ-PARAMO
Defendant's conviction for being unlawfully
present in the United States is affirmed,
however, his sentence is vacated and remanded to
allow the government to supplement the record
with missing information regarding a previous
indictment concerning a crime of violence.
[08/05]
US v. DAVIS
The
district court's denial of defendants death
sentences, on grounds that their indictment did
not contain elements required by the Federal
Death Penalty Act, is reversed where the
exclusion occurred when the indictment was
returned, and, subsequently, the error was
harmless since it did not attach at sentencing.
[08/05]
JONES v. KELLY
The
district court's decision requiring defendant to
provide post-seizure hearings for cars held as
arrest evidence and for forfeiture proceedings
is affirmed as it relates to cars held for
forfeiture but reversed with respect to cars
held as arrest evidence.
[08/05]
ABIMBOLA v. ASHCROFT
Plaintiff's petition for a writ of habeas corpus
is dismissed over his challenges that 1) his
plea to larceny was not a conviction, 2) a
Connecticut third-degree larceny does not
qualify as an aggravated felony, 3) the district
court abused its discretion in denying a motion
to change venue, and 4) the Immigration Judge
improperly decided credibility determinations.
[08/05]
US v. CHEN
Defendant's convictions of conspiracy to collect
extensions of credit by extortionate means are
affirmed over their challenges that venue was
improper and that the evidence was insufficient
to support the conviction.
Case Summaries
Evidence
[10/11]
In re Kinnamon
Pursuant to Penal Code section 1405, defendant
is entitled to the appointment of counsel for
the purpose of obtaining forensic DNA testing as
to his conviction of attempted murder.
[10/10]
US v. Waldner
Denial of defendant's motion to suppress
evidence is reversed where the police officers'
entry into a basement office in defendant's home
was not justified as part of a protective sweep,
and the evidence seized in the office should
have been suppressed.
[10/07]
People v. Hallquist
Defendant's conviction for Driving Under the Influence of alcohol is affirmed over his claims
that 1) the trial court erred when it denied his
pretrial motion to exclude the results of his
preliminary alcohol screening test, and 2) his
counsel rendered ineffective assistance.
[10/05]
Wilkerson v. State of Texas
A
non-law enforcement state agent is not required
to give Miranda warnings unless the agent is
acting in tandem with police to investigate and
gather evidence for a criminal prosecution.
[10/05]
Flury v. Daimler Chrysler Corp.
In
a personal injury action, a jury award is
reversed where the district court failed to
impose meaningful sanctions for plaintiff's
spoliation of critical evidence.
[10/04]
US v. Gregoire
Denial of defendant's motion to suppress
evidence is affirmed over his claim that his
consent to search his vehicle was not voluntary
in fact.
[10/04]
US v. Naiden
Defendant's conviction for attempting to entice
a child in unlawful sexual activity is affirmed
where the district court did not err in refusing
to admit a hearsay statement defendant allegedly
made regarding the age of the victim.
[10/04]
Twombly v. Bell Atl. Corp.
Dismissal of plaintiff-consumers' putative class
action, alleging local telephone and high-speed
Internet service conspiracies, is vacated and
remanded where the district court applied the
wrong standard in reviewing the sufficiency of
the plaintiffs' allegations.
[10/04]
US v. Santos
Defendants' Hobbs Act robbery convictions are
reversed where the district court committed
Confrontation Clause error by admitting a post
arrest statement made by a co-defendant against
them.
[10/03]
Kaufman v. Performance Plastering, Inc.
Plaintiff's motion for judicial notice of
enrolled bill reports is granted where the
reports are instructive on matters of
legislative intent.
[09/30]
People v. Delgadillo
Defendant's conviction for drug manufacturing is
affirmed over his claim that the evidence was
insufficient to support the jury's verdict.
[09/30]
People v. Maestas
Defendant's conviction for assault with a deadly
weapon is affirmed over his claim that the
admission of his prior convictions for
impeachment violated his right to due process.
[09/30]
Beecham v. Socialist People's Libyan Arab
Jamahiriya
Plaintiff's appeal of the district court's
order, requiring it to confer and propose a
jurisdictional discovery plan, is dismissed
where the order is not a final decision that is
immediately appealable.
[09/29]
Doe 2 v. Super. Ct. of L.A.
In
an action involving minors who allege that they
were abused by a clergy member of a church, the
trial court abused its discretion when it
compelled the church to produce documents since
it failed to properly analyze the church's
clergy-penitent privilege assertion.
[09/29]
US v. Conroy
Defendant's conviction for aggravated sexual
abuse is affirmed over his claim that the
district court erred in admitting expert witness
testimony and prior consistent statements.
[09/26]
US v. Koski
Defendant's conviction for mailing threatening
communications is affirmed over his claim that
the district court abused its discretion by
admitting evidence of a prior conviction for
mailing threatening communications.
[09/23]
US v. Sanders
Denial of defendant's motion to suppress
evidence is reversed where the district court
incorrectly determined that he consented to the
search of his person.
[09/22]
Doe 1 v. Super. Ct. of L.A.
The
Los Angeles Archdiocese is prohibited from
disclosing written summaries made of the
personnel records of priests accused of sexually
molesting minors where their disclosure would
violate the mediation confidentiality privilege.
[09/22]
Herring v. US
Plaintiff failed to show that the Government
committed perjury when it asserted the military
secrets privilege for an accident report
discussing an airplane crash and, consequently,
plaintiff is unable to support its claim of
fraud upon the court.
[09/20]
US v. Burton
Defendant's conviction for bank robbery is
vacated where the evidence was insufficient to
support his conviction.
