| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C028033
|
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 | |
|
B155958
|
People v. Tatum
Videotaped statement of elderly victim was admissible under exception to hearsay rule. |
Criminal Law and Procedure |
|
Dec. 5, 2003 | |
|
B158270
|
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 | |
|
C043173
|
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 | |
|
A094701
|
People v. Snyder
Trial court's instruction to jury regarding corroboration of accomplice's testimony was proper. |
Criminal Law and Procedure |
|
Dec. 5, 2003 | |
|
E032037
|
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 | |
|
F040612
|
People v. Montes
Intent to kill is element of crime of attempted voluntary manslaughter. |
Criminal Law and Procedure |
|
Dec. 5, 2003 | |
|
02-35543
|
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 | |
|
B169107
|
In re McSherry
Trial court may impose reasonable bail conditions upon defendant awaiting appeal of misdemeanor conviction. |
Criminal Law and Procedure |
|
Dec. 4, 2003 | |
|
G031123
|
People v. Ferraez
Circumstantial evidence was sufficient to support conviction for street terrorism. |
Criminal Law and Procedure |
|
Dec. 4, 2003 | |
|
D041376
|
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 | |
|
B157868
|
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 | |
|
H022750
|
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 | |
|
C039242
|
People v. Sharp
Proposition 36 does not apply to conviction for cultivation of marijuana for personal use. |
Criminal Law and Procedure |
|
Dec. 4, 2003 | |
|
B145828
|
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 | |
|
00-10439
|
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 | |
|
02-473
|
U.S. v. Banks
Officers' 15-to-20-second wait before forcible entry satisfied Fourth Amendment requirements. |
Criminal Law and Procedure |
|
Dec. 2, 2003 | |
|
02-50264
|
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 | |
|
C040171
|
People v. Flood
Three Strikes Law does not apply to offense that occurred prior to 'strike' conviction. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
|
B156481
|
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 | |
|
C040999
|
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 | |
|
B154010
|
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 | |
|
D039818
|
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 | |
|
A095534
|
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 | |
|
A097349
|
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 | |
|
C039174
|
People v. Norman
Statute penalizing 'child-homicide' is not unconstitutional. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
|
E031387
|
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 | |
|
C040668
|
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 | |
|
D038973
|
People v. Harper
Defendant sentenced to indeterminate life term cannot receive enhancement of consecutive determinate term. |
Criminal Law and Procedure |
|
Nov. 26, 2003 | |
|
A097446
|
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 |
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