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Name Category Published
Spitsyn v. Moore
Habeas petitioner may be entitled to tolling of deadline due to attorney's failure to prepare petition. 		Criminal Law and Procedure Dec. 4, 2003
In re McSherry
Trial court may impose reasonable bail conditions upon defendant awaiting appeal of misdemeanor conviction. 		Criminal Law and Procedure Dec. 4, 2003
People v. Ferraez
Circumstantial evidence was sufficient to support conviction for street terrorism. 		Criminal Law and Procedure Dec. 4, 2003
People v. Esayian
Blood draw that was conducted by unauthorized phlebotomist in DUI case did not result in constitutional violation. 		Criminal Law and Procedure Dec. 4, 2003
People v. Riva
Officer's second interrogation of suspect was conducted in conformity with the requirements of 'Miranda.' 		Criminal Law and Procedure Dec. 4, 2003
Moles v. Gourley
Virginia DUI conviction was entitled to reciprocal treatment in California under the Driver License Compact. 		Criminal Law and Procedure Dec. 4, 2003
People v. Sharp
Proposition 36 does not apply to conviction for cultivation of marijuana for personal use. 		Criminal Law and Procedure Dec. 4, 2003
People v. Wollschlager
Finding that defendant qualifies as sexually violent predator under SVP Act necessarily means defendant has serious difficulty in controlling behavior. 		Criminal Law and Procedure Dec. 3, 2003
U.S. v. Banks
Officers' forced entry during execution of search warrant was improper due to failure to secure affirmative denial of entry from occupant. 		Criminal Law and Procedure Dec. 2, 2003
U.S. v. Banks
Officers' 15-to-20-second wait before forcible entry satisfied Fourth Amendment requirements. 		Criminal Law and Procedure Dec. 2, 2003
U.S. v. Lillard
Character evidence admitted against appellant in drug possession case was not in violation of Federal Rule of Evidence 404(b). 		Criminal Law and Procedure Dec. 2, 2003
People v. Flood
Three Strikes Law does not apply to offense that occurred prior to 'strike' conviction. 		Criminal Law and Procedure Nov. 26, 2003
People v. Hawkins
Limit on presentence custody credit applies to conviction for battery with serious bodily injury only if it involves domestic violence. 		Criminal Law and Procedure Nov. 26, 2003
People v. Hinds
Defendant waived his right to appeal by failing to renew his suppression motion before trial judge. 		Criminal Law and Procedure Nov. 26, 2003
People v. Ranger Insurance Co.
Court retained jurisdiction to declare bail forfeiture when it had rational basis that excuse existed for defendant's nonappearance. 		Criminal Law and Procedure Nov. 26, 2003
People v. Felix
Imposition of 10-year sentence enhancement for carjacking while using firearm isn't cruel and unusual punishment. 		Criminal Law and Procedure Nov. 26, 2003
People v. Ortiz
Evidence of defendant's previous misconduct involving use of alcohol was admissible in prosecution for vehicular murder. 		Criminal Law and Procedure Nov. 26, 2003
People v. Hard
Defendant who possessed solvent during early stage of methamphetamine production is subject to sentence enhancement. 		Criminal Law and Procedure Nov. 26, 2003
People v. Norman
Statute penalizing 'child-homicide' is not unconstitutional. 		Criminal Law and Procedure Nov. 26, 2003
People v. Rich
Holding trial in separate county from where crime was committed did not violate venue provisions. 		Criminal Law and Procedure Nov. 26, 2003
People v. Barrett
Records of defendant's participation in drinking driver program are not subject to Health and Safety Code Section 11977. 		Criminal Law and Procedure Nov. 26, 2003
People v. Harper
Defendant sentenced to indeterminate life term cannot receive enhancement of consecutive determinate term. 		Criminal Law and Procedure Nov. 26, 2003
People v. McDougal
Jeopardy does not attach where defendant requests dismissal before first jury renders verdict and second jury is then impaneled for second proceeding. 		Criminal Law and Procedure Nov. 26, 2003
People v. Schmaus
Defendant's right to confrontation was violated by admission of statement made by his nontestifying codefendant. 		Criminal Law and Procedure Nov. 26, 2003
People v. Fulton
Attorney fees incurred in pursuit of economic and noneconomic damages are recoverable as restitution; $25,000 fee was reasonable. 		Criminal Law and Procedure Nov. 26, 2003
People v. Ramirez
Defendant's challenge to sentence may not be brought first time on appeal. 		Criminal Law and Procedure Nov. 26, 2003
People v. Hodgson
Defendant who held gate open while fellow gang member shot victim is guilty of first-degree murder. 		Criminal Law and Procedure Nov. 26, 2003
People v. Hernandez
Jury instructions stating original aggressor or mutual combatant must clearly inform adversary of withdrawal in order to claim self-defense was erroneous. 		Criminal Law and Procedure Nov. 26, 2003
People v. Yum
SPECT brain scan is not admissible to show defendant suffered from psychiatric disorder. 		Criminal Law and Procedure Nov. 26, 2003
People v. Jackson
Court erred in not instructing jury that defendant's failure to register as sex offender must be willful. 		Criminal Law and Procedure Nov. 26, 2003
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