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Name Category Published
Stroud v. Superior Court
In a criminal case, a defendant is entitled to a 'continuous' preliminary hearing as specified in statute. 		Criminal Law and Procedure Nov. 4, 1999
People v. Hoxter
Officers may rely on consent to enter the residence given by defendant's 16-year-old daughter. 		Criminal Law and Procedure Nov. 4, 1999
People v. Superior Court (Perez)
Deportation of legal immigrant before receiving treatment benefits of Sexually Violent Predators Act doesn't violate equal protection clause. 		Criminal Law and Procedure Nov. 4, 1999
People v. Avila
Invocation of right to counsel must be during or right before custodial interrogation, and may not be asserted in an anticipatory manner. 		Criminal Law and Procedure Nov. 4, 1999
People v. Beltran
Blanket invocation of right to counsel may nonetheless be waived by defendant during later custodial interrogation about an unrelated crime. 		Criminal Law and Procedure Nov. 4, 1999
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct. 		Criminal Law and Procedure Nov. 4, 1999
Kodani v. Reed
Officer had reasonable cause to detain driver who, from officer's perspective, did not appear to be wearing shoulder harness. 		Criminal Law and Procedure Nov. 4, 1999
People v. Castaneda
Trial court may select high aggregate base term for sentencing defendant as long as it does not exceed defendant's original aggregate term. 		Criminal Law and Procedure Nov. 4, 1999
People v. Jones
Defendant's prior guilty plea to federal bank robbery doesn't itself establish prior serious felony where bank robbery was not necessarily serious felony. 		Criminal Law and Procedure Nov. 4, 1999
People v. Givens
Legal and scientific developments validate use of 'unmodified product rule' to quantify DNA test results. 		Criminal Law and Procedure Nov. 3, 1999
People v. Diaz
Conviction for premeditated attempted murder is error since information charged defendant with lesser offense. 		Criminal Law and Procedure Nov. 3, 1999
People v. Martinez
Defendant is sentenced as habitual offender even though his record satisfies three strikes sentencing scheme. 		Criminal Law and Procedure Nov. 3, 1999
People v. Allen
For kidnapping, jury can consider nature, character and purpose of asportation and actual measured distance. 		Criminal Law and Procedure Nov. 3, 1999
People v. Zermeno
Required two offenses for gang enhancement can be shown by currently charged offense involving an accomplice. 		Criminal Law and Procedure Nov. 3, 1999
Shavers v. Kaiser
Order 		Criminal Law and Procedure Nov. 3, 1999
U.S. v. Feldman
Order 		Criminal Law and Procedure Nov. 3, 1999
U.S. v. Greenwood
Order 		Criminal Law and Procedure Nov. 3, 1999
Williams v. Henderson
Order 		Criminal Law and Procedure Nov. 3, 1999
U.S. v. Driskill
Order 		Criminal Law and Procedure Nov. 3, 1999
Martinez v. Colorado State Board of Parole
Defendant convicted of violent crime not entitled to annual reconsideration of parole request. 		Criminal Law and Procedure Nov. 3, 1999
U.S. v. Cruz
Order 		Criminal Law and Procedure Nov. 3, 1999
In re Mason
Defendant's bank and telephone records may be discovered by a subpoena duces tecum, but only after the state demonstrate probable cause. 		Criminal Law and Procedure Nov. 3, 1999
Ellsworth v. People
District court lacks jurisdiction when there is no final judgment from county court. 		Criminal Law and Procedure Nov. 3, 1999
Benavidez v. People
Plea agreement including a prison term must be understood to include additional period of parole. 		Criminal Law and Procedure Nov. 2, 1999
Craig v. People
Plea agreement that specifically promises a modification of statutorily mandated parole is invalid. 		Criminal Law and Procedure Nov. 2, 1999
People v. Turner
No error to require attorney defendant to pay restitution to State Bar for forgery and embezzlement of client funds. 		Criminal Law and Procedure Oct. 29, 1999
People v. Turner
No error to require attorney defendant to pay restitution to State Bar for forgery and embezzlement of client funds. 		Criminal Law and Procedure Oct. 29, 1999
People v. Taylor
Trial court isn't required to give proposed jury instruction on mistake of fact defense where evidence fails to support defense. 		Criminal Law and Procedure Oct. 29, 1999
U.S. v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison. 		Criminal Law and Procedure Oct. 29, 1999
U.S. v. Luca
Sentence enhancement based upon being in charge of a criminal organization cannot be imposed unless other participants are identified. 		Criminal Law and Procedure Oct. 29, 1999
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