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Name Category Published
People v. Knoller
Application of incorrect implied malice standard in second degree murder conviction of vicious dog owner requires reconsideration of new trial motion.
Criminal Law and Procedure May 31, 2007
People v. Carey
Death penalty stands where autopsy photographs of murder victim were properly admitted into evidence.
Criminal Law and Procedure May 31, 2007
DePalma v. Rodriguez
Court properly admits biomechanic's expert testimony that he would not expect force of motor vehicle accident to result in plaintiff's injuries.
Criminal Law and Procedure May 30, 2007
In re Gray
Petitioner's due process rights violated where governor's reversal of parole recommendation not supported by 'some evidence' that second degree murder was 'especially heinous.'
Criminal Law and Procedure May 30, 2007
People v. Gunder
Admission of videotape and transcript of witness's pre-trial interview does not violate right to confrontation where witness claims complete memory loss.
Criminal Law and Procedure May 30, 2007
People v. Robinson
Trial court errs in failing to appoint counsel to repesent defendant at competency hearing.
Criminal Law and Procedure May 30, 2007
People v. Fluker
Court cannot impose upper term sentence based entirely on facts neither admitted by defendant nor found true by jury.
Criminal Law and Procedure May 30, 2007
People v. Feyrer
Trial court has discretion to reduce 'wobbler' offense to misdemeanor despite admission of sentence enhancement.
Criminal Law and Procedure May 30, 2007
People v. Sullivan
Bank robber unsuccessfully challenges conviction on grounds of vagueness and invalid waiver of right to counsel.
Criminal Law and Procedure May 30, 2007
People v. Robinson
Trial court errs in failing to appoint counsel to repesent defendant at competency hearing.
Criminal Law and Procedure May 30, 2007
People v. Fluker
Court cannot impose upper term sentence based entirely on facts neither admitted by defendant nor found true by jury.
Criminal Law and Procedure May 30, 2007
People v. Feyrer
Trial court has discretion to reduce 'wobbler' offense to misdemeanor despite admission of sentence enhancement.
Criminal Law and Procedure May 30, 2007
People v. Sullivan
Bank robber unsuccessfully challenges conviction on grounds of vagueness and invalid waiver of right to counsel.
Criminal Law and Procedure May 30, 2007
DePalma v. Rodriguez
Court properly admits biomechanic's expert testimony that he would not expect force of motor vehicle accident to result in plaintiff's injuries.
Criminal Law and Procedure May 29, 2007
In re Gray
Petitioner's due process rights violated where governor's reversal of parole recommendation not supported by 'some evidence' that second degree murder was 'especially heinous.'
Criminal Law and Procedure May 29, 2007
People v. Gunder
Admission of videotape and transcript of witness's pre-trial interview does not violate right to confrontation where witness claims complete memory loss.
Criminal Law and Procedure May 29, 2007
People v. Waymire
Court properly imposes upper term where defendant admitted to violating his probation.
Criminal Law and Procedure May 23, 2007
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge.
Criminal Law and Procedure May 23, 2007
People v. Johnson
Defendant's conviction on various counts of corporal injury to cohabitant must stand, but 36 days must be credited for time spent in presentence custody.
Criminal Law and Procedure May 23, 2007
U.S. v. Orman
Defendant is properly convicted of unlawful possession of firearm where he admitted to carrying handgun inside mall.
Criminal Law and Procedure May 23, 2007
Foote v. Del Papa
In habeas corpus petition case, court's rejection of 'conflict of interest' claim does not contravene established federal law.
Criminal Law and Procedure May 23, 2007
U.S. v. Ingham
If defendant admits to leading drug smuggling conspiracy, no explicit finding where defendant exercised control over co-conspirators is necessary to impose sentencing enhancement.
Criminal Law and Procedure May 23, 2007
People v. Lozano
Court’s improper imposition of upper term sentence is valid where the sentencing error is harmless beyond a reasonable doubt.
Criminal Law and Procedure May 22, 2007
U.S. v. Meiners
15-year sentence for convicted child pornography distributor does not violate Eighth Amendment because it is not grossly disproportionate to the crime.
Criminal Law and Procedure May 22, 2007
People v. Superior Court (Decker)
Defendant, alleged to have solicited an undercover detective to kill his own sister along with her friend, can be charged with their attempted murder.
Criminal Law and Procedure May 22, 2007
U.S. v. Bibler
In drug possession case, defendant's waiver of right to appeal sentence is enforceable.
Criminal Law and Procedure May 18, 2007
Dept. of the California Highway Patrol v. Superior Court (Quigley)
Law enforcement properly denies 'fix-it' ticket where nine helmet law violations show 'persistent neglect'.
Criminal Law and Procedure May 18, 2007
People v. Towers
Absent factual evidence of conduct, oral copulation by 'threatening retaliation' is not prior serious felony conviction that qualifies as strike.
Criminal Law and Procedure May 18, 2007
People v. Cervantes
Settled statement must be vacated where defense counsel absent, witness testimony missing, and judge lacks recollection of proceedings.
Criminal Law and Procedure May 17, 2007
People v. Cook
Electrophoretic testing combining scattered stains to show single blood source is admissible scientific evidence against capital defendant.
Criminal Law and Procedure May 17, 2007