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Name Category Published
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
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
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
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
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
People v. Torres
Defendant who opened fire at medical center is entitled to new sanity hearing.
Criminal Law and Procedure Aug. 9, 2005
People v. Lamont
Trial court erroneously denied suppression motion of passenger in vehicle that was illegally stopped.
Criminal Law and Procedure Aug. 9, 2005
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
People v. Thomas
Law requiring prosecutor's consent to juvenile sentencing for serious offenses is invalid.
Criminal Law and Procedure Aug. 9, 2005
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
People v. Griffin
Defendant's sentence for California offense should run consecutively to sentence for Arizona offense.
Criminal Law and Procedure Aug. 9, 2005
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
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
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
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
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
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
U.S. v. Charley
Detention of woman who called for police assistance is investigative detention, not arrest.
Criminal Law and Procedure Aug. 9, 2005
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
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
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
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
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
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
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
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
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
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
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
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