| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B168501
|
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 | |
|
C041978
|
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 | |
|
F043272
|
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 | |
|
F042059
|
People v. Dagostino
Defendant with drug-related probation violation should not be excluded Proposition 36 sentencing. |
Criminal Law and Procedure |
|
Jul. 28, 2004 | |
|
S106706
|
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 | |
|
S115377
|
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 | |
|
H025783
|
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 | |
|
B172785
|
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 | |
|
A097686
|
People v. Lovings
Defendant's attempts to disqualify trial attorney are barred by voluntary guilty plea. |
Criminal Law and Procedure |
|
Jul. 28, 2004 | |
|
F041885
|
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 | |
|
B166776
|
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 | |
|
D042148
|
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 | |
|
C042759
|
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 | |
|
E033787
|
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 | |
|
G032626
|
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 | |
|
D037578
|
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 | |
|
B163262
|
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 | |
|
S113433
|
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 | |
|
99-99002
|
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 | |
|
B166414
|
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 | |
|
H025987
|
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 | |
|
B166421
|
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 | |
|
G030438
|
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 | |
|
C042540
|
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 | |
|
G027470
|
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 | |
|
B166017
|
People v. Baird
Crime of distributing child pornography to minor is punishable as felony. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
S104995
|
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 | |
|
S100360
|
People v. Posey
Venue is question of law for court to be decided prior to trial. |
Criminal Law and Procedure |
|
Jul. 26, 2004 | |
|
D042335
|
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 | |
|
19545-7
|
State v. Blakely
State did not violate defendant's plea agreement by presenting evidence supporting exceptional sentence. |
Criminal Law and Procedure |
|
Jul. 26, 2004 |
