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Name Category Published
People v. Hamilton
Defendant's obligation to pay victim restitution is not offset by insurance benefits.
Criminal Law and Procedure Jul. 22, 2004
People v. Wilson
After-arrest blood test of driver did not constitute an unreasonable search and seizure because of the evanescent nature of blood alcohol.
Criminal Law and Procedure Jul. 22, 2004
People v. Carbajal
Conviction for indecent exposure does not require visual observation of exposed genitals.
Criminal Law and Procedure Jul. 22, 2004
People v. Medina
Admitting evidence of sexual offense not charged in defendant's present case did not constitute error.
Criminal Law and Procedure Jul. 22, 2004
In re Qawi
MDO may be compelled to take antipsychotic medication in non-emergency situation upon exhibiting incompetence or dangerous tendencies.
Criminal Law and Procedure Jul. 22, 2004
In re Chavez
Legislature intended period of incarceration provided by amendment to the Revenue and Tax Code to apply retroactively.
Criminal Law and Procedure Jul. 22, 2004
People v. Valdez
Trial court did not err in failing to instruct jury sua sponte on second-degree murder.
Criminal Law and Procedure Jul. 22, 2004
People v. Nem
Trial court did not instruct jury incorrectly on law of self-defense.
Criminal Law and Procedure Jul. 22, 2004
People v. Wolfe
Trial court's error in failing to give unanimity instruction to jury was harmless beyond reasonable doubt.
Criminal Law and Procedure Jul. 22, 2004
People v. Kanawyer
Defendant convicted of murdering grandparents was not entitled to jury instruction regarding voluntary manslaughter in heat of passion.
Criminal Law and Procedure Jul. 22, 2004
People v. Superior Court (Ortiz)
Possession of controlled substance by employee at state mental hospital is punishable as felony.
Criminal Law and Procedure Jul. 22, 2004
People v. Wheelock
Issuance of arrest warrant and extradition proceedings against defendant did not trigger right to counsel.
Criminal Law and Procedure Jul. 22, 2004
People v. Richardson
Simultaneous burglary of two rooms in apartment does not constitute separate crimes.
Criminal Law and Procedure Jul. 22, 2004
People v. Laino
Defendant's out-of-state plea of guilty to aggravated assault with gun constitutes prior conviction under Three Strikes Law.
Criminal Law and Procedure Jul. 22, 2004
People v. Avila
Court did not err in refusing defendant new trial based on unfounded allegations of severe pain during first trial.
Criminal Law and Procedure Jul. 22, 2004
People v. Donan
Trial court did not err by refusing to grant presentence conduct credits for phase II, time from initial sentencing to reversal.
Criminal Law and Procedure Jul. 22, 2004
Alhambra Police Officers Assn. v. City of Alhambra Police Dept.
Officer accused of misconduct may not overturn negotiated settlement of discipline by filing petition for writ of mandate.
Criminal Law and Procedure Jul. 21, 2004
People v. Superior Court (Kirby)
Defendant convicted of conspiracies to pimp and pander is eligible for probation.
Criminal Law and Procedure Jul. 21, 2004
People v. Silva
Defendant is not entitled to presentence conduct credits for time spent in home detention under electronic monitoring.
Criminal Law and Procedure Jul. 21, 2004
People v. Lewis
Prosecutor did not commit misconduct by commenting that defendant had failed to request live police lineup.
Criminal Law and Procedure Jul. 21, 2004
U.S. v. Krouse
Sufficient evidence supports Section 924(c) conviction because facts reveal sufficient nexus between firearms discovered and drug trafficking operation.
Criminal Law and Procedure Jul. 21, 2004
U.S. v. Fish
Crime of possession of destructive device does not constitute 'crime of violence' under sentencing guidelines.
Criminal Law and Procedure Jul. 18, 2004
McQuillion v. Schwarzenegger
California governor and prison board did not have unwritten policy of denying parole for certain offenses.
Criminal Law and Procedure Jul. 16, 2004
U.S. v. Iniguez
'Total punishment' under U.S. Sentencing Guidelines is sentence anywhere between minimum and maximum sentencing ranges.
Criminal Law and Procedure Jul. 15, 2004
U.S. v. Miguel
Mistake of fact does not render vehicle stop illegal if officer has reasonable suspicion of criminal activity.
Criminal Law and Procedure Jul. 15, 2004
U.S. v. Camacho
Use of 'Buster' device to detect marijuana in vehicle during border search was lawful.
Criminal Law and Procedure Jul. 15, 2004
In re Leslie Van Houten
Manson follower denied parole for gruesome murder after court determines nature of crime outweighs other considerations.
Criminal Law and Procedure Jul. 12, 2004
People v. Conley
Peace officer convicted of misdemeanor battery is subject to 10-year firearm prohibition.
Criminal Law and Procedure Jul. 12, 2004
People v. Galland
Trial court abused its discretion in failing to examine in camera sealed affidavit before ruling on motions regarding validity of search warrant.
Criminal Law and Procedure Jul. 12, 2004
People v. Sales
Defendant's conviction for attempted extortion is reversed due to insufficient evidence.
Criminal Law and Procedure Jul. 12, 2004