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Maples v. Thomas
10-63
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1/18/2012
Lawyers who abandoned their capital habeas client without notice to the court or to the client provided extraordinary cause to grant relief from default. Maples was convicted of capital murder and sentenced to death in 1997 in Alabama. Maples' postc...
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People v. Dyser
C064558
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1/13/2012
Both first degree burglary and assault with intent to commit rape are lesser included offenses of assault with intent to commit rape during the commission of first degree burglary. The statutory elements test is applied to determine if the greater o...
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People v. Nelson
S181611
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1/12/2012
A clear invocation of right to counsel under Davis applies to a minor tried as an adult. The 15-year-old defendant was tried as an adult and convicted of murder and five counts of first degree burglary. A motion to suppress his statements w...
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Perry v. New Hampshire
10-8974
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1/11/2012
Due Process does not require a preliminary assessment of reliability of eye witness identification made under suggestive circumstances not arranged by police. A witness observed a male trying to break into cars in the parking lot of her apartment bu...
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People v. Clancey
H036501
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1/10/2012
Judicial plea bargaining is prohibited; whereas the court is permitted to give an indicated sentence. At a resolution conference, over the objection of the prosecution, appellant pled as charged, admitting the "strike" allegation, in anticipation th...
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People v. Holford
C063540
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1/10/2012
When a contention is made on appeal that evidence is more prejudicial than probative, the issue is forfeited unless the record provides a basis for comparison. Appellant was convicted of committing a lewd act on his 15-year-old daughter and sentence...
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David v. Superior Court of Los Angeles
B236792
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1/6/2012
Under Penal Code section 3003, subdivision (f), which restricts a parolee convicted of certain crimes from living within 35 miles of a victim or witness, "victim" does not include the next-of-kin. Appellant was convicted of second degree murder resu...
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