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Name Category Published
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
People v. Jernigan
Defendant's absence at competency hearing does not constitute due process violation; appointment of second attorney not required.
Criminal Law and Procedure Nov. 26, 2003
People v. Jackson
Where evidence was unlikely to lead to material evidence, trial court did not abuse its discretion in denying requested discovery.
Criminal Law and Procedure Nov. 26, 2003
People v. Lizarraga
Defendant's request to be committed to prison drug rehabilitation center cannot be raised for first time on appeal.
Criminal Law and Procedure Nov. 26, 2003
People v. Espinoza
Alien subject to deportation was not entitled to probation under Proposition 36 for drug offense.
Criminal Law and Procedure Nov. 26, 2003
People v. Murphy
Court was required to conduct evidentiary hearing before allowing use of one-way glass during alleged victim's testimony.
Criminal Law and Procedure Nov. 26, 2003
People v. Garcia
Defendant who evaded multiple police vehicles is liable for only single count of felony evading.
Criminal Law and Procedure Nov. 26, 2003
People v. Shabazz
Defendant who was in custody for parole violation is not entitled to presentence custody credit for unrelated forgery conviction.
Criminal Law and Procedure Nov. 26, 2003
People v. Groves
Defendant who sexually assaulted victim twice within minutes is subject to consecutive sentences.
Criminal Law and Procedure Nov. 26, 2003
People v. Rivera
Trial court did not err in allowing defendant to be impeached with juvenile adjudication for possession of deadly weapon with intent to assault.
Criminal Law and Procedure Nov. 26, 2003
People v. Moreno
Trial court may order defendant to reimburse state for payments made to victim's family despite original sentence failing to provide direct restitution.
Criminal Law and Procedure Nov. 26, 2003
People v. Maheshwari
Restitution award properly included attorney fees and costs to hire private investigator.
Criminal Law and Procedure Nov. 26, 2003
People v. Jordan
Prosecutor had no duty to disclose complaints about its witness made in unrelated criminal trials.
Criminal Law and Procedure Nov. 26, 2003
People v. Castille
Statements made by multiple defendants in joint interview were admissible against each other.
Criminal Law and Procedure Nov. 26, 2003
People v. Mayer
Defendant who arranged to use mailing address within city was not 'resident' for election purposes.
Criminal Law and Procedure Nov. 26, 2003
People v. Garcia
Sale of controlled substances alone is insufficient to support search warrant for public business where seller neither owns nor works for business.
Criminal Law and Procedure Nov. 26, 2003
People v. Bradley
Court improperly imposed consecutive sentences upon defendant who had single criminal objective.
Criminal Law and Procedure Nov. 26, 2003
People v. Friedman
State court improperly dismissed murder charges against defendants who had already been convicted in federal court.
Criminal Law and Procedure Nov. 26, 2003
People v. Chaffer
Court correctly applied great bodily injury enhancement to defendant's sentence.
Criminal Law and Procedure Nov. 26, 2003
People v. Ricky Sanders
Neither merger doctrine nor Penal Code Section 654 precludes imposition of firearm enhancement.
Criminal Law and Procedure Nov. 26, 2003
Lewis v. Clarke
Criminal defendant may be compelled to pay filing fee only after court determines ability to pay.
Criminal Law and Procedure Nov. 25, 2003
In re Smith
Governor's decision to deny parole was not supported by 'some evidence.'
Criminal Law and Procedure Nov. 25, 2003
King v. Superior Court (People)
Forfeiture hearing on right to counsel requires procedural due process protections.
Criminal Law and Procedure Nov. 25, 2003
People v. Cockburn
State may elect to prosecute defendant under general child abuse statute even if special statute is available.
Criminal Law and Procedure Nov. 25, 2003
People v. Johnson
Gang member sentenced to life in prison is not eligible for enhancement of 10-year consecutive term.
Criminal Law and Procedure Nov. 25, 2003
People v. Lopez
Carjacking occurs even if vehicle is not physically moved.
Criminal Law and Procedure Nov. 21, 2003
U.S. v. Rearden
Defendant's sentence was properly enhanced for transmitting child pornography that portrays sadistic or masochistic conduct.
Criminal Law and Procedure Nov. 21, 2003
People v. Billa
Defendant can be held liable for murder based on accidental death of accomplice to arson.
Criminal Law and Procedure Nov. 20, 2003
Griffey v. Lindsey
Petitioner cannot use Federal Rule of Civil Procedure 15(c) to relate his current habeas corpus petition back to his earlier petitions.
Criminal Law and Procedure Nov. 18, 2003
U.S. v. Ibarra
Police had probable cause to make traffic stop of vehicle that had been watched for drug activity.
Criminal Law and Procedure Nov. 18, 2003