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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Neidinger
Trial court should have given instruction clarifying relationship between good faith defense and malice.
Criminal Law and Procedure Nov. 20, 2006
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
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
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
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
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
People v. Sample
Defendant is barred from raising claim of 'Blakely' error on appeal.
Criminal Law and Procedure Nov. 17, 2006
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
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