| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B167189
|
People v. Hamilton
Defendant's obligation to pay victim restitution is not offset by insurance benefits. |
Criminal Law and Procedure |
|
Jul. 22, 2004 | |
|
A102208
|
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 | |
|
G031514
|
People v. Carbajal
Conviction for indecent exposure does not require visual observation of exposed genitals. |
Criminal Law and Procedure |
|
Jul. 22, 2004 | |
|
D041113
|
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 | |
|
S100099
|
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 | |
|
H025709
|
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 | |
|
S026872
|
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 | |
|
A100212
|
People v. Nem
Trial court did not instruct jury incorrectly on law of self-defense. |
Criminal Law and Procedure |
|
Jul. 22, 2004 | |
|
E032675
|
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 | |
|
C041832
|
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 | |
|
B170471
|
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 | |
|
A096854
|
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 | |
|
B164991
|
People v. Richardson
Simultaneous burglary of two rooms in apartment does not constitute separate crimes. |
Criminal Law and Procedure |
|
Jul. 22, 2004 | |
|
S103324
|
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 | |
|
F042072
|
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 | |
|
B163471
|
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 | |
|
B160896
|
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 | |
|
H025009
|
People v. Superior Court (Kirby)
Defendant convicted of conspiracies to pimp and pander is eligible for probation. |
Criminal Law and Procedure |
|
Jul. 21, 2004 | |
|
C042576
|
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 | |
|
A098387
|
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 | |
|
02-50458
|
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 | |
|
03-30362
|
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 | |
|
01-16037
|
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 | |
|
01-50553
|
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 | |
|
03-10217
|
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 | |
|
02-50629
|
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 | |
|
E032032
|
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 | |
|
D042716
|
People v. Conley
Peace officer convicted of misdemeanor battery is subject to 10-year firearm prohibition. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
G031342
|
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 | |
|
B156032
|
People v. Sales
Defendant's conviction for attempted extortion is reversed due to insufficient evidence. |
Criminal Law and Procedure |
|
Jul. 12, 2004 |
