| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S128442
|
People v. Wright
Medical Marijuana Program applied retroactively to entitle defendant to compassionate use instruction on transportation count. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
C048996
|
People v. Marchman
Involuntary mental health recommitment proceedings are permitted if patient's mental disorder is not in remission or cannot be kept in remission without treatment. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
H029672
|
People v. Miller
'Principal term' of imprisonment for aggregate sentence is based on longest term actually imposed, not longest potential term of imprisonment for crimes charged. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
G036169
|
In re Myers
Conviction for resisting officer is proper where counsel's failure to object to evidence of defendant's violent character was not prejudicial. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
C048139
|
People v. Rosen
Assault by public officer conviction stands where evidence of uncharged sexual offenses involving other victims was properly admitted. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
C052783
|
People v. Racy
Defendant who takes wallet after zapping elder with stun gun is properly convicted of robbery and misdemeanor, but not felony, elder abuse. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
C050332
|
People v. Matye
Evidence is sufficient to establish defendant's victim was dependent adult where statute's word 'restrict' is not synonymous with 'preclude.' |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
A113628
|
People v. Lindsey
Defendant cannot suppress gun where officer reasonably suspects person matching description in 911 call was armed and involved in reported crime. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
C054719
|
Barragan v. Superior Court (People)
Defendant's demurrer to amended information is properly overruled where aggravating factors need not be proved at preliminary examination. |
Criminal Law and Procedure |
|
Mar. 28, 2007 | |
|
G035822
|
Raymond C., a Minor
Juvenile court properly denied motion to suppress evidence of minor's intoxication obtained when detained during lawful vehicle stop. |
Criminal Law and Procedure |
|
Mar. 27, 2007 | |
|
B184288
|
People v. Zurinaga
Prosecutor's analogy of home invasion robbery to events of September 11, 2001 'exceeds legitimate bounds of advocacy,' but was not prejudicial error. |
Criminal Law and Procedure |
|
Mar. 27, 2007 | |
|
F049153
|
People v. Jenan
Court is under duty to appoint counsel where it raised doubt at preliminary hearing as to defendant's mental competence. |
Criminal Law and Procedure |
|
Mar. 26, 2007 | |
|
98-99003
|
Comer v. Schriro
Court may accept competent petitioner's testimony that he is voluntarily waiving his right to further proceedings and dismiss his appeal. |
Criminal Law and Procedure |
|
Mar. 23, 2007 | |
|
05-10466
|
U.S. v. Al Nasser
Transporter of illegal aliens not 'stopped' for purposes of Fourth Amendment receives no lighter sentence despite lack of profit from scheme. |
Criminal Law and Procedure |
|
Mar. 23, 2007 | |
|
06-30200
|
U.S. v. Rendon-Duarte
Judgment and sentence are upheld despite court's erroneous admission of prior bad acts and sole reliance on facts to determine prior violent crime. |
Criminal Law and Procedure |
|
Mar. 23, 2007 | |
|
H023394
|
People v. Pena
Admission of out-of-court statement implicating defendants as gang members violated Confrontation Clause. |
Criminal Law and Procedure |
|
Mar. 22, 2007 | |
|
H029884
|
Porter v. Superior Court (People)
Offense with its sentence enhancement is 'functional equivalent' of single greater crime for purposes of double jeopardy under state law. |
Criminal Law and Procedure |
|
Mar. 22, 2007 | |
|
S050455
|
People v. Beames
Trial court did not abuse its discretion by denying continuance for defendant to determine if change of venue is needed. |
Criminal Law and Procedure |
|
Mar. 22, 2007 | |
|
A114145
|
People v. Strasburg
Doctor's prescription for medical marijuana does not bar officer from continuing to search car where odor of passengers smoking creates probable cause. |
Criminal Law and Procedure |
|
Mar. 22, 2007 | |
|
C045935
|
People v. Gonzalez
Where court imposed but stayed firearm enhancements in case arising from deer hunting incident, additional enhancements must be stricken. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
A112067
|
People v. Callahan
Offender was not entitled to custody credit for pretrial confinement on new charge because he remained confined under unrelated insanity commitment. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
99-99015
|
Lankford v. Arave
In murder case, counsel's request that jury be instructed that it could convict on basis of one suspect's testimony alone was prejudicial. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
04-55274
|
Galen v. County of Los Angeles
Plaintiff failed to present evidence that peace officers caused unconstitutionally excessive bail of $1 million for domestic violence to be set. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
05-35302
|
Frunz v. City of Tacoma
Warrantless police entry into home was not justified where information made clear that burglary was not in progress. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
06-10015
|
U.S. v. Martinez-Martinez
Defendant's conviction in Arizona for discharging firearm at residential structure does not constitute 'crime of violence.' |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
05-10475
|
U.S. v. Reina-Rodriguez
Defendant's prior conviction for felony burglary in second degree resulted from burglary of dwelling which qualified him for 16-level sentencing enhancement. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
03-50214
|
U.S. v. Zakharov
In drug-smuggling case, conviction is proper where nexus between United States and seized cocaine supports jurisdiction. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
B184870
|
Hurd v. Superior Court (City of Los Angeles Police Dept.)
Pre-habeas corpus motion for discovery of peace officers' personnel records, not sought during original prosecution, is not allowed. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
B184186
|
People v. Mesa
Counsel's failure to object to prosecutor's comments about defendant's silence at trial did not prejudice outcome of trial. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
F048923
|
People v. Muldrow
Possibility of incarceration for alleged parole violation does not render parolee ineligible for drug treatment program provided by former Penal Code Section 1210.1. |
Criminal Law and Procedure |
|
Mar. 21, 2007 |
