| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A099675
|
People v. Jenkins
Admission of statements made to police during illegal detention did not prejudice defendant. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
G033896
|
Hemingway v. Superior Court
Defendant's motion to disqualify court cannot be denied as untimely based on court's invalid assignment of case to itself. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
H025873
|
People v. Vy
Attempted murder can be predicate crime for jury's determination of 'primary activities' prong of gang enhancement. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
D043313
|
People v. Lam
Prosecution does not need to prove lack of consent for offense of discharging firearm at unoccupied motor vehicle. |
Criminal Law and Procedure |
|
Jan. 17, 2005 | |
|
C043228
|
People v. Shaw
Court's decision to impose consecutive terms of imprisonment was not barred by 'Blakely.' |
Criminal Law and Procedure |
|
Jan. 17, 2005 | |
|
B166937
|
People v. Giles
Hearsay statement of witness was admissible because appellant's wrongdoing caused witness to be unavailable to testify. |
Criminal Law and Procedure |
|
Jan. 14, 2005 | |
|
E034238
|
People v. Philpot
Defendant who stole automobile with attached trailer is guilty of two counts of vehicle theft. |
Criminal Law and Procedure |
|
Jan. 14, 2005 | |
|
H026350
|
People v. Vera
Defendant's request for substitute counsel was properly denied based on failure to renew motion. |
Criminal Law and Procedure |
|
Jan. 14, 2005 | |
|
B170598
|
People v. Kleinman
Restitution order that remained unsatisfied after revocation of defendant's probation is still enforceable by victim. |
Criminal Law and Procedure |
|
Jan. 12, 2005 | |
|
C044110
|
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed. |
Criminal Law and Procedure |
|
Jan. 12, 2005 | |
|
03-50096
|
U.S. v. Ortega-Ascanio
Withdrawal of plea was justified in light of intervening decision by U.S. Supreme Court. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
H022775
|
People v. Lazalde
Probation searches are invalid if officer is unaware of search condition at time of search. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-10197
|
U.S. v. Bucher
Circumstantial evidence establishes hiker's intent to interfere with rangers' investigation and arrest of fellow hiker. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
B159750
|
People v. Salas
Sale of unqualified securities is general intent crime which carries knowledge requirement. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
E033907
|
People v. Dove
Trial court may sentence defendant convicted of cocaine base possession to prison although jury found him not guilty of possession for sale. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-30127
|
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-30162
|
U.S. v. Garcia-Beltran
Court will reconsider whether fingerprints obtained during illegal arrest should be suppressed. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
C047007
|
Roland v. Superior Court (People)
Defense must provide prosecution with unrecorded oral statements of prospective witnesses. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-30432
|
U.S. v. Mann
Prosecutor failed to prove defendants' firearm possession was 'in furtherance' of drug trafficking crime. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
B167543
|
People v. Callahan
Order granting new trial due to ineffective assistance of counsel is reviewed deferentially. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-17036
|
Stow v. Murashige
Defendant whose first-degree murder conviction was reversed may not be retried for attempted second-degree murder. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
99-55477
|
Gantt v. Roe
Court will determine whether prosecutor failed to disclose exculpatory evidence. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-50577
|
U.S. v. Vargas-Amaya
District court lacked jurisdiction to consider whether defendant violated terms of supervised release. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
B172387
|
People v. Toscano
Court should have enforced defendant's plea agreement by permitting motion to strike prior conviction. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-50182
|
U.S. v. Butler
District court erred by not considering to group together counts of mail fraud and money laundering for sentencing purposes. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
04-50046
|
U.S. v. Smith
Search of automobile prior to arrest of speeding motorist without identification was valid. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
H026297
|
People v. Lopez
Trial court did not err by instructing jury that masturbation can occur through clothing. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
H026701
|
People v. Knox
Court that advised defendant of restitution fine prior to acceptance of plea did not violate plea bargain. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
E035010
|
People v. Page
Defendants who threatened robbery victim with pencil to neck are guilty of assault with deadly weapon. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
B170872
|
People v. Wallace
Statute imposing court security fee on person convicted of crime committed before effective date is not ex post facto law. |
Criminal Law and Procedure |
|
Jan. 10, 2005 |
