| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S108353
|
People v. Howard
Crime of driving with willful disregard for safety while fleeing police is not inherently dangerous felony for purpose of felony-murder. |
Criminal Law and Procedure |
|
Aug. 11, 2005 | |
|
C046721
|
People v. Superior Court (Lopez)
Defendant who is incompetent to stand trial must be placed in hospital or secure treatment facility rather than receive 'alternative placement.' |
Criminal Law and Procedure |
|
Aug. 11, 2005 | |
|
H026115
|
People v. Percelle
In nonprobation context, defendant cannot be required to pay victim restitution for crime of which he was acquitted. |
Criminal Law and Procedure |
|
Aug. 11, 2005 | |
|
A105691
|
People v. Foreman
Conviction for forging prescription to obtain drugs does not fall under Proposition 36's sentencing guidelines. |
Criminal Law and Procedure |
|
Aug. 11, 2005 | |
|
S122240
|
People v. Gonzalez
Reasonable officer could have believed defendant's reference to public defender was not unequivocal request for counsel at that moment. |
Criminal Law and Procedure |
|
Aug. 10, 2005 | |
|
B163612
|
People v. Torres
Defendant who opened fire at medical center is entitled to new sanity hearing. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
S131308
|
People v. Lamont
Trial court erroneously denied suppression motion of passenger in vehicle that was illegally stopped. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
D045081
|
In re Consiglio
New sentencing rule does not apply retroactively to cases that were final when decision was issued. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
S118052
|
People v. Thomas
Law requiring prosecutor's consent to juvenile sentencing for serious offenses is invalid. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
F043190
|
People v. Richter
Defendant is not entitled to custody credits for time he spent in work release program before he violated probation. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
A104361
|
People v. Griffin
Defendant's sentence for California offense should run consecutively to sentence for Arizona offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
F043820
|
People v. Jackson
Defendant is guilty of robbery even though victim was unaware any property had been stolen until defendant fled scene. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B172763
|
People v. Watson
Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-50491
|
U.S. v. Cortez-Rocha
Search of defendant's spare tire at border was not 'particularly offensive' search requiring reasonable suspicion. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
C038802
|
People v. Carmony
Sex offender's failure to update registration for his birthday did not warrant 25-year sentence. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B180960
|
In re Annis
Trial judge had authority to revoke order of arraigning magistrate granting defendant release on own recognizance. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B178541
|
County of Los Angeles v. Superior Court (N.L.)
Juvenile's lawsuit against county for sexual assault was time-barred. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-10579
|
U.S. v. Charley
Detention of woman who called for police assistance is investigative detention, not arrest. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
H027086
|
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-35083
|
Galvan v. Alaska Dept. of Corrections
Habeas corpus petition is denied because petitioner failed to exhaust federal constitutional claim in state court. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-30532
|
U.S. v. Martinez-Garcia
Spanish speaker's privacy right was not violated when police began search before serving warrant in Spanish. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-35794
|
Cooper-Smith v. Palmateer
Court will not review propriety of sentence because requirement that enhancements be found by jury does not apply retroactively. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
H027086
|
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-30387
|
U.S. v. Moreno-Hernandez
Oregon conviction for fourth-degree assault committed in presence of victim's child is violent felony under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
04-10172
|
U.S. v. Osife
Police can search vehicle following arrest of recent occupant even if evidence is unlikely to be found. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-30394
|
U.S. v. Jeronimo
There is no jurisdiction to entertain appeal where appeal waiver in plea agreement is unambiguous. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
04-10206
|
U.S. v. Younger
Defendant's conduct in making spontaneous statements and responding to questioning constituted implied waiver of his Miranda rights. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
A107616
|
People v. Akins
Trial court may reduce amount of restitution if it concludes that calculation method used by victim overstated loss. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B172357
|
People v. Rosales
Jury was improperly instructed that superintendent of park is county officer for purposes of offense of negligent handling of public moneys. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
S110887
|
In re Reeves
Penal Code does not restrict offender's ability to earn worktime credit against concurrent sentence for non-violent offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 |
