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Name Category Published
People v. Elliot
Evidence of victim's wounds supported offender's conviction for murder-by-torture.
Criminal Law and Procedure Feb. 7, 2006
People v. Murphy
Ongoing drug sales and yelling of officers presented exigent circumstances to excuse compliance with knock-notice rule.
Criminal Law and Procedure Feb. 7, 2006
In re Hernandez
Where question is not whether to deprive accused of liberty but for how long, rational basis test is used for equal protection challenge.
Criminal Law and Procedure Feb. 7, 2006
People v. Heath
Knowledge that firearm is loaded and operable is not required element of Health and Safety Code Section 11370.1(a).
Criminal Law and Procedure Feb. 7, 2006
People v. Ornelas
Accused was not prejudiced by trial court's failure to offer allocution where accused was properly represented by counsel.
Criminal Law and Procedure Feb. 7, 2006
People v. Garcia
Exclusion of single hearsay statement during accused's murder trial did not deprive him of fair trial.
Criminal Law and Procedure Feb. 7, 2006
Large (Sam) Henry) on H.C.
Order
Criminal Law and Procedure Feb. 7, 2006
Yount v. City of Sacramento
Offender's civil rights claim was not barred by no contest plea to obstructing officer from his lawful duties.
Criminal Law and Procedure Feb. 7, 2006
People v. Shelton
Court erred in imposing consecutive sentences upon defendant for stalking and making criminal threats.
Criminal Law and Procedure Feb. 7, 2006
Chavis v. LeMarque
Prisoner's habeas petition was timely under AEDPA.
Criminal Law and Procedure Feb. 6, 2006
Sanders v. Woodford
Methodology that does not account for undocumented immigrants in census data is insufficient to show underrepresentation of Hispanics in venire.
Criminal Law and Procedure Feb. 6, 2006
People v. Toney
Penal Code Section 871.5 precludes People from appealing dismissal of second complaint for insufficient evidence.
Criminal Law and Procedure Feb. 6, 2006
People v. McCall
Jury instruction that contained unconstitutional mandatory presumption requires reversal of conviction.
Criminal Law and Procedure Feb. 6, 2006
People v. Johnson
Defendant is entitled to conduct credit for confinement through date of resentencing following recall of initial sentence and commitment.
Criminal Law and Procedure Feb. 6, 2006
People v. Salas
Sale of unqualified securities is general intent crime which carries knowledge requirement.
Criminal Law and Procedure Feb. 6, 2006
In re Qawi
Mentally disordered offender had right to refuse antipsychotic medication.
Criminal Law and Procedure Feb. 5, 2006
Collins v. Rice
Court rejects state's argument that peremptory challenges were race neutral in drug possession case.
Criminal Law and Procedure Feb. 5, 2006
People v. Betts
Defendant is not entitled to have jury decide whether state court has subject matter jurisdiction over case.
Criminal Law and Procedure Feb. 3, 2006
People v. Perez
Trial's erroneous instruction regarding aider and abettor liability requires new trial.
Criminal Law and Procedure Feb. 3, 2006
People v. Randle
Court erred by not giving jury instruction on imperfect defense of another.
Criminal Law and Procedure Feb. 3, 2006
People v. Carson
Trial court wrongfully terminated defendant's right to self-representation.
Criminal Law and Procedure Feb. 3, 2006
Burris v. Superior Court (People)
Penal code section does not bar district attorney from refiling dismissed misdemeanor charge as felony.
Criminal Law and Procedure Feb. 3, 2006
In re Salazar
Defendant's murder conviction is vacated because state withheld exculpatory evidence.
Criminal Law and Procedure Feb. 3, 2006
People v. Guzman
Denial of drug treatment under Proposition 36 to probationer with nonviolent, nonserious felony violates equal protection clause.
Criminal Law and Procedure Feb. 3, 2006
People v. Seijas
Trial court erred in allowing prosecution to introduce critical preliminary hearing testimony of witness erroneously found to be unavailable.
Criminal Law and Procedure Feb. 3, 2006
People v. Garcia
Second visit to crime scene during jury deliberations does not constitute taking of evidence.
Criminal Law and Procedure Feb. 3, 2006
In re Hawthorne
Order
Criminal Law and Procedure Feb. 3, 2006
People v. Samuels
Court did not err when it reiterated jury instruction after question about meaning of 'life imprisonment without possibility of parole.'
Criminal Law and Procedure Feb. 3, 2006
People v. Wilson
Instruction permitting jurors to consider evidence of defendant's other crimes for limited purpose was not given in error.
Criminal Law and Procedure Feb. 3, 2006
People v. Blair
Death-penalty defendant who represented himself did not have right to continuance based on unavailability of advisory counsel.
Criminal Law and Procedure Feb. 3, 2006