|
Elijah W. v. Superior Court
B241011
:
5/8/2013
Minor defendant was entitled to his choice of expert psychologist who would not report confidential information about child abuse or threats. To assist in the preparation of his defense to a wardship petition, Elijah W. requested the appo...
|
|
People v. Tran
H036977
:
5/7/2013
In an NGI extension proceeding, Penal Code section 1026.5 requires that the court advise the NGI of the right to a jury trial but does not require an NGI's personal jury trial waiver.
These three cases all address the same issue. Defendan...
|
|
United States v. Sivilla
11-50484
:
5/7/2013
Where there is no bad faith, government's pretrial destruction of evidence does not warrant dismissal of the case, but court should have given remedial jury instruction. Defendant's vehicle was stopped at a border checkpoint as he attempte...
|
|
People v. Mercado
B223451
:
5/7/2013
Crawford did not bar expert from expressing opinion based on facts learned from investigator, about which the expert was not qualified to testify. Defendant was convicted of second degree murder, attempted murder, and enhancements...
|
|
People v. McCoy
C067380
:
5/3/2013
Video testimony of quadriplegic was properly shown to jury where defendant had opportunity to cross-examine victim during the conditional examination.
McCoy physically and sexually assaulted his girlfriend, Cindy H., rendering her a quadr...
|
|
People v. Conley
C070272
:
5/2/2013
Defendant whose appeal was pending when the Three Strikes Reform Act of 2012 (Proposition 36) went into effect was not entitled to be resentenced under amended Penal Code section 1170.12 but may petition for recall of sentence. After the ...
|
|
People v. Xiong
F062474
:
4/30/2013
Statistical evidence of random match probabilities in a DNA cold hit case is relevant. A cab driver died as a result of a single gunshot to the center of the back of the head. An analyst took blood samples of stains at the location and ana...
|
|
People v. Kaulick
B246632
:
4/30/2013
Under the Three Strikes Reform Act of 2012 (Proposition 36), on a resentencing petition, the prosecution is entitled to notice and opportunity to be heard on the issue of dangerousness and has the burden of proof by a preponderance of the evidence....
|
|
People v. Goolsby
E052297
:
4/30/2013
A motor home that is not somehow fixed in place is not an inhabited structure for the purpose of arson, as defined in Penal Code section 451, subdivision (b).
By jury trial, appellant was convicted of violating section 451, subdivision (b...
|
|
People v. Tran
H036764
:
4/29/2013
Declarant's statement to his friend that the appellant shot someone and the declarant helped him burn a car was admissible as a declaration against penal interest because it rendered him potentially liable for arson and as an accessory to murder an...
|
|
In re Robert M.
F064841
:
4/29/2013
Housing of minor at the Division of Juvenile Facilities (DJF) following enactment of Welfare and Institutions Code section 1752.16 is permissible and does not violate either ex post facto or equal protection considerations.
Minor entered ...
|
|
In re Nelson B.
A136240
:
4/26/2013
California court did not have jurisdiction over dependency case where minor lived in Maryland with his aunt prior to running away to California. Appellant came to the United States from Honduras illegally at the age of 13. He was picked up by ICE a...
|
