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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Pena
Admission of out-of-court statement implicating defendants as gang members violated Confrontation Clause.
Criminal Law and Procedure Mar. 22, 2007
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
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
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
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
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
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
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
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
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
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
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
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
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
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