| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H028471
|
People v. Ormonde
Motion to suppress evidence should have been granted where detective's illegal entry of residence led to discovery of contraband. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S127602
|
People v. Johnson
Murder convict's claims challenging court's failure to find true allegations of group bias during jury selection are remanded for further proceedings. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S128640
|
People v. Wells
Anonymous and uncorroborated tip regarding possibly intoxicated driver affords officer reasonable suspicion sufficient to conduct brief, investigatory traffic stop. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
C048289
|
People v. Karapetyan
Defendant's second degree murder conviction was proper where there was sufficient evidence that victim's death was reasonably foreseeable. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
D046986
|
People v. Hunter
Because law enforcement officials may conduct parole search until parole is formally revoked, parolee's suppression motion was properly denied. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
B180724
|
People v. Mason
'Two Dismissal Rule' permits third prosecution for car-jacking charge when there was excusable neglect in earlier dismissal. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
B186047
|
Eduardo M., a Minor
In case involving shooting, court improperly found delinquent to be accessory where it was found he was principal. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S123133
|
People v. Brendlin
Passenger who was momentarily stopped was not seized in absence of additional circumstances indicating he was subject of investigation. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
A104363
|
People v. Schoppe-Rico
Street gang firearm possession statutes do not require proof that charged firearm possession was connected to defendant's underlying gang participation. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S122744
|
People v. Saunders
Traffic stop supported by reasonable suspicion of Vehicle Code violations is sufficient to affirm denial of passenger's motion to suppress. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
G036155
|
Craft v. Superior Court (People)
Court must conduct new hearing on motion to dismiss where district attorney may justify defendant's prolonged pretrial incarceration. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S130157
|
People v. Wilson
Murder conviction is proper where testimony regarding racial genetic profile frequencies did not assume that perpetrator's race was same as defendant's. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
E031035
|
People v. Lewis
In murder case involving violation of Vehicle Code, convictions cannot stand where jury was instructed on legally incorrect theory of felony murder. |
Criminal Law and Procedure |
|
Nov. 27, 2006 | |
|
D047088
|
Brierton v. Dept. of Motor Vehicles
DMV's suspension of driver's license did not violate separation of powers doctrine where term imposed was different from that in criminal case. |
Criminal Law and Procedure |
|
Nov. 27, 2006 | |
|
C050534
|
People v. Emery
Where defendant challenges validity of plea but fails to obtain certificate of probable cause, his appeal shall be dismissed. |
Criminal Law and Procedure |
|
Nov. 27, 2006 | |
|
B180282
|
People v. Mayo
Trial court's failure to instruct jury on meaning of reasonable doubt was harmless when jury was adequately informed of reasonable doubt standard. |
Criminal Law and Procedure |
|
Nov. 27, 2006 | |
|
S128884
|
People v. Corpuz
Stalking statute penalizing conduct in violation of any court order includes stay-away order imposed as condition of probation. |
Criminal Law and Procedure |
|
Nov. 27, 2006 | |
|
05-10653
|
U.S. v. Paopao
Police seizure of handgun during protective sweep of illegal gambling room did not violate offender's Fourth Amendment right. |
Criminal Law and Procedure |
|
Nov. 24, 2006 | |
|
04-35087
|
Skoog v. County of Clackamas
Police officer was entitled to qualified immunity where plaintiff's retaliation claim, for which probable cause existed, was not clearly established. |
Criminal Law and Procedure |
|
Nov. 22, 2006 | |
|
06-10273
|
U.S. v. Lazarenko
In case regarding forfeiture of assets from former Ukrainian prime minister, liquidators claiming they own forfeited assets lack standing to invoke jurisdiction. |
Criminal Law and Procedure |
|
Nov. 22, 2006 | |
|
G031061
|
People v. Wright
Defendant found with scale and packages totaling one pound of marijuana may present Compassionate Use Act defense. |
Criminal Law and Procedure |
|
Nov. 21, 2006 | |
|
C042839
|
People v. Neidinger
Trial court should have given instruction clarifying relationship between good faith defense and malice. |
Criminal Law and Procedure |
|
Nov. 20, 2006 | |
|
G035909
|
In re Hernandez
Where accused's statements to competency evaluators was subject to judicially declared rule of immunity, evaluators' testimony at sanity phase was inadmissible. |
Criminal Law and Procedure |
|
Nov. 20, 2006 | |
|
E039290
|
People v. Quintero
Condition of probation that requires parolee to inform his probation officer of pet ownership is overbroad. |
Criminal Law and Procedure |
|
Nov. 19, 2006 | |
|
B168042
|
People v. Sykes
Court did not err in permitting victim to testify she had knowledge of defendant's previous bank robbery convictions. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B169476
|
People v. Vonner
Supreme Court opinion does not prevent trial court from imposing full consecutive sentence for enumerated violent sex offense. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
D042215
|
People v. Ochoa
Perjury advisement to witness who was about to recant her rape allegation did not violate defendant's constitutional rights. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
C044445
|
People v. Sample
Defendant is barred from raising claim of 'Blakely' error on appeal. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
D042980
|
People v. George
'Blakely' precludes trial court's determination of facts not found by jury or admitted by defendant as basis for imposing upper-term sentence. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B165580
|
People v. Juarez
Court's imposition of upper-term sentence based on its own finding of aggravating factors violates right to jury trial. |
Criminal Law and Procedure |
|
Nov. 17, 2006 |
