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Name Category Published
People v. Stewart
Court erred in not including penalty assessments to defendant's sexual offender fine at sentencing.
Criminal Law and Procedure Jul. 28, 2004
People v. Butte
Defendant forfeits right to complain of insufficient notice of charges when he waived preliminary hearing.
Criminal Law and Procedure Jul. 28, 2004
Jorge G., a Minor
Evidence is not sufficient to support finding that crimes of juvenile were gang-related for purposes of requiring gang registration.
Criminal Law and Procedure Jul. 28, 2004
People v. Dagostino
Defendant with drug-related probation violation should not be excluded Proposition 36 sentencing.
Criminal Law and Procedure Jul. 28, 2004
In re Young
Despite conviction under Three Strikes Law, defendant is still eligible for sentence reduction for heroic act.
Criminal Law and Procedure Jul. 28, 2004
People v. Britt
Sex offender may not be prosecuted twice for failing to register in county of former residence and in county of new residence.
Criminal Law and Procedure Jul. 28, 2004
People v. Gipson
Doubling of defendant's base sentence under Three Strikes law doesn't violate contract clauses of federal and state constitutions.
Criminal Law and Procedure Jul. 28, 2004
Alvarez v. Superior Court (Los Angeles County Sheriff's Dept.)
Defendant on trial for resisting arrest is entitled to discover evidence that arresting officer engaged in workplace violence.
Criminal Law and Procedure Jul. 28, 2004
People v. Lovings
Defendant's attempts to disqualify trial attorney are barred by voluntary guilty plea.
Criminal Law and Procedure Jul. 28, 2004
People v. Sisavath
Sexual abuse victim's 'testimonial' hearsay statements to police officer and facility interviewer were inadmissible.
Criminal Law and Procedure Jul. 28, 2004
Wasif M., a Minor
Minor is guilty of violating statute when he threw stone at bus even if he lacked requisite intent to strike it.
Criminal Law and Procedure Jul. 27, 2004
People v. McHugh
Otherwise reasonable arrest does not become unreasonable because it led to violation of state statute concerning collection of evidence.
Criminal Law and Procedure Jul. 27, 2004
People v. Pescador
Jury instruction regarding defendant's acts of domestic violence was properly given in murder trial.
Criminal Law and Procedure Jul. 27, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law.
Criminal Law and Procedure Jul. 27, 2004
People v. Jenkins
'Knock and talk' procedure does not rise to level of investigative detention requiring suspicion of criminal activity.
Criminal Law and Procedure Jul. 27, 2004
People v. Celis
Police were justified to search home of suspect believed to store drugs and money in tire.
Criminal Law and Procedure Jul. 26, 2004
People v. Fielder
To prevent application of 'washout' rule, prosecution must prove defendant either served prison time or committed new felony within five-year period.
Criminal Law and Procedure Jul. 26, 2004
People v. McCall
Statute making possession of particular ingredient equivalent of possession of drug itself was valid exercise of Legislature's power.
Criminal Law and Procedure Jul. 26, 2004
Hoffman v. Arave
When state rule barring petitioner's ineffective assistance claim frustrates exercise of constitutional right, federal review not precluded.
Criminal Law and Procedure Jul. 26, 2004
People v. Seneca Insurance Co.
Court didn't abuse discretion in denying extension to return defendant to custody, where bail surety failed to timely notify agent of forfeiture order.
Criminal Law and Procedure Jul. 26, 2004
People v. Orabuena
Trial court has discretion to dismiss misdemeanor that would make defendant ineligible for Proposition 36 sentencing.
Criminal Law and Procedure Jul. 26, 2004
People v. Black
Nolo contendere plea is still valid even if entered after expiration of time permitted for retrial when defendant's habeas petition is granted.
Criminal Law and Procedure Jul. 26, 2004
People v. Fuentes
Battery is lesser included offense of robbery where accusatory pleading alleges taking was accomplished by fear and force.
Criminal Law and Procedure Jul. 26, 2004
People v. Burnett
Omission of sex offender fine on silent record does not constitute unauthorized sentence that may be corrected on appeal.
Criminal Law and Procedure Jul. 26, 2004
People v. Quach
Defendant was entitled to self-defense instruction including counter assault that was so sudden he had no opportunity to decline.
Criminal Law and Procedure Jul. 26, 2004
People v. Baird
Crime of distributing child pornography to minor is punishable as felony.
Criminal Law and Procedure Jul. 26, 2004
People v. Toney
Penal Code Section 1538.5's prohibition on refiling dismissed charges does not bar reinstatement of complaint under Section 871.5.
Criminal Law and Procedure Jul. 26, 2004
People v. Posey
Venue is question of law for court to be decided prior to trial.
Criminal Law and Procedure Jul. 26, 2004
Jones v. Superior Court (People)
Proposition 115 reciprocal discovery provisions set forth in Criminal Discovery Statute do not apply in probation revocation hearing.
Criminal Law and Procedure Jul. 26, 2004
State v. Blakely
State did not violate defendant's plea agreement by presenting evidence supporting exceptional sentence.
Criminal Law and Procedure Jul. 26, 2004