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People v. Nazeri
G041897
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8/25/2010
Evidence sufficient to sustain a finding of premeditation and deliberation for first degree murder are: planning activity, motive, and manner of killing. Appellant was charged with the first degree murder of his wife and mother-in-law whose knifed b...
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People v. Jeha
C061980
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8/24/2010
Mandatory sex offender registration for Penal Code section 289, subdivision (d) (sexual penetration by a foreign object) violates neither equal protection nor due process. Following his no contest plea to one count of section 289, subdivision (d), a...
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People v. Butler
D054120
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8/24/2010
A conviction for involuntary manslaughter requires a showing that defendant's conduct proximately caused the victim's death and where there are multiple concurrent causes of death, the jury need only decide whether defendant's conduct was a substantial ...
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People v. Moore
B215307
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8/23/2010
Circumstances of defendant's driving that led to a fatal vehicle collision, absent alcohol or high speed flight from officers, are factors to be considered in evaluating culpability for second-degree murder. Angry about the burglary of his apartment...
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People v. Russell
D054408
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8/23/2010
The felony murder escape rule applies to residential burglary, regardless whether the residence is occupied at the time, or whether the felon knowingly flees the police. At the time appellant burglarized a residence, no one was home. He stole a car...
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People v. Miller
E049206
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8/20/2010
A defendant's Sixth Amendment confrontation rights are not violated by the admission of DNA test results through the testimony of an expert who did not personally perform the tests. Appellant was convicted of child molest. At trial, a senior crimin...
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People v. Eid
G041759
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8/19/2010
CALCRIM No. 1202 (kidnapping for ransom) fails to inform the jury that the People must prove the victim did not consent to the predicate act and defendant did not actually and reasonably believe that victim consented.
Eid and Geier were involved i...
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Berman v. Cate
E049552
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8/19/2010
Parole consequences are not a permissible subject of plea negotiations. Petitioner entered into a plea negotiation whereby he was guaranteed a court-indicated sentence of three years in exchange for his guilty plea to two counts of Penal Code sectio...
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In re Pope
S160930
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8/19/2010
A defendant is subject to limitations on the earning of time credits when he is convicted of both violent felony or murder, even when the sentence for the violent felony or murder is stayed pursuant to Penal Code section 654. In this case and a comp...
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People v. Duff
S153917
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8/19/2010
A defendant is subject to limitations on the earning of time credits when he is convicted of both violent felony or murder, even when the sentence for the violent felony or murder is stayed pursuant to Penal Code section 654. In this case and a comp...
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Moore v. Superior Court (People)
S174633
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8/19/2010
A defendant in a Sexually Violent Predator (SVP) proceeding does not have a due process right to not be tried or committed while mentally incompetent. After proceedings were brought to recommit appellant as an SVP, he filed a motion with the trial c...
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People v. Schmitz
G040641
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8/18/2010
The search of a car, not consented to by the driver or owner, cannot be upheld based on the parole status of a passenger who has no possessory interest in the car or joint access or control over the areas searched. An officer saw appellant make a U-...
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US v. Rivera-Corona
08-30286
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8/18/2010
In reviewing a defendant's motion to discharge privately-retained counsel and to proceed with court-appointed counsel, the appellate court should determine if (1) the court conducted an "appropriate inquiry" into the defendant's financial eligibility; (...
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Campbell v. Henry
07-16481
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8/13/2010
For purposes of calculating filing dates under AEDPA a prisoner is entitled to the benefit of the mailbox rule. The filing deadline for petitioner's federal habeas petition was March 24, 2006. Petitioner's pro se petition was dated March 16, 2006,...
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U.S. v. Maddox
09-30284
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8/12/2010
A warrantless search of a car key chain not within the driver's immediate control cannot be upheld based on a theory of search incident to arrest. Police stopped appellant for reckless driving, handcuffed and arrested him, placed him in the patrol ...
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People v. Jones
C063113
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8/11/2010
Although a trial court has broad discretion to choose a method for calculating the amount of restitution, it must employ a method that is rationally designed to determine the victim's economic loss, and make a clear statement of the calculation ...
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