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Name Category Published
People v. Athar
Single overt act committed during limitations period supports conviction for multiple transactions of money laundering.
Criminal Law and Procedure Dec. 22, 2003
People v. Smith
Pre-arrest sentence manipulation by police violated defendants' due process rights and requires modification of their sentences.
Criminal Law and Procedure Dec. 21, 2003
Opinion of Lockyer
Neither federal statutes nor state statutes governing issuance of subpeonas provide authority for state law enforcement officers to use pen registers.
Criminal Law and Procedure Dec. 19, 2003
People v. Pigage
Deputy district attorney who repeatedly threatened to defy court order committed prosecutorial misconduct.
Criminal Law and Procedure Dec. 18, 2003
People v. Tardy
Pleading was sufficient to put defendant on notice of prior conviction that would support enhanced sentence.
Criminal Law and Procedure Dec. 12, 2003
In re Calhoun
Medical personnel did not act improperly in treating sexually violent predators with psychotropic drugs.
Criminal Law and Procedure Dec. 12, 2003
People v. Punzalan
City lacks standing to challenge court's order sealing arrest record of factually innocent defendant.
Criminal Law and Procedure Dec. 12, 2003
People v. Pirnia
Physician who performed unsuccessful breast enhancement while his license was suspended is guilty of mayhem.
Criminal Law and Procedure Dec. 12, 2003
People v. Dixon
Defendant's failure to report by mail to probation officer was non-drug related violation of probation under Proposition 36.
Criminal Law and Procedure Dec. 12, 2003
People v. Cervantes
Same prior conviction cannot be used to qualify for 25-years-to-life sentence and as strike under Three Strikes law.
Criminal Law and Procedure Dec. 11, 2003
People v. Chico
Trial court did not err by imposing consecutive firearms enhancement for each of four counts of robbery stemming from simultaneous robbery of four victims.
Criminal Law and Procedure Dec. 11, 2003
Burris v. Superior Court (People)
Penal code section does not bar district attorney from refiling dismissed misdemeanor charge as felony.
Criminal Law and Procedure Dec. 10, 2003
People v. Batts
Prosecutor's intentional misconduct that resulted in mistrial did not bar retrial of defendants.
Criminal Law and Procedure Dec. 10, 2003
Abatti v. Superior Court (People)
Court will determine whether former police officer's personnel records indicated propensity to fabricate facts.
Criminal Law and Procedure Dec. 10, 2003
People v. Aguilar
Appeal dismissed for failure to obtain in timely manner required certificates of probable cause.
Criminal Law and Procedure Dec. 10, 2003
People v. Anson
Citizen's arrest of defendant was timely and subsequent search of defendant's camper was lawful.
Criminal Law and Procedure Dec. 10, 2003
People v. Duncan
Judge decides not to remand Vietnam veteran's manslaughter case for resentencing.
Criminal Law and Procedure Dec. 10, 2003
People v. Carter
Because trial court's errors were nonprejudicial, defendant's sentence of death is affirmed.
Criminal Law and Procedure Dec. 10, 2003
People v. Garza
Imposition of full and separately served enhancement is proper where crimes involve sodomy and forced oral copulation.
Criminal Law and Procedure Dec. 9, 2003
People v. Cleland
Prosecutor's comments on defendants' post-arrest silence was prejudicial error requiring retrial.
Criminal Law and Procedure Dec. 8, 2003
People v. Coryell
Where driver and passenger fled from car prior to defendant's taking, substantial evidence supports carjacking conviction.
Criminal Law and Procedure Dec. 8, 2003
In re Collins
Defendant did not suffer prejudice when court deviated from plea bargain and ordered direct victim restitution.
Criminal Law and Procedure Dec. 8, 2003
Roman v. Superior Court (People)
Court rejects HIV positive petitioner's argument that he did not willfully endanger victim's life when he sodomized him.
Criminal Law and Procedure Dec. 8, 2003
People v. Spence
Good faith exception to exclusionary rule does not permit admission of evidence seized in probation search.
Criminal Law and Procedure Dec. 5, 2003
People v. Tatum
Videotaped statement of elderly victim was admissible under exception to hearsay rule.
Criminal Law and Procedure Dec. 5, 2003
People v. Traster
Where evidence shows defendant never acquired title to money, crimes are more appropriately characterized as larceny by trick and device.
Criminal Law and Procedure Dec. 5, 2003
People v. Malone
Admission of defendant's testimony from first trial at second trial was proper after defendant elected not to testify.
Criminal Law and Procedure Dec. 5, 2003
People v. Snyder
Trial court's instruction to jury regarding corroboration of accomplice's testimony was proper.
Criminal Law and Procedure Dec. 5, 2003
People v. Morales
Retrial on robbery charges is not barred by collateral estoppel on account of inconsistent jury verdict.
Criminal Law and Procedure Dec. 5, 2003
People v. Montes
Intent to kill is element of crime of attempted voluntary manslaughter.
Criminal Law and Procedure Dec. 5, 2003