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Name Category Published
People v. Fernandez
Attempt to dissuade victim from testifying truthfully at preliminary hearing is not punishable under Penal Code Section 136.1(b)(1). 		Criminal Law and Procedure Oct. 13, 2003
People v. Mendoza
Defendant who failed to appear for sentencing hearing is not eligible for probation under Proposition 36. 		Criminal Law and Procedure Oct. 13, 2003
People v. Tulare County Superior Court
Grand jury may not obtain access to juvenile record without showing relevance of record to investigation. 		Criminal Law and Procedure Oct. 13, 2003
People v. Kang
Defendant is entitled to pursue appeal anew after he was apprehended and in custody of state. 		Criminal Law and Procedure Oct. 13, 2003
People v. Jones
Trial court properly precluded defendant from testifying about history of hearing voices, flashbacks and blackouts. 		Criminal Law and Procedure Oct. 13, 2003
People v. Barnum
Court is not required to advise self-represented defendant of privilege against compelled self-incrimination. 		Criminal Law and Procedure Oct. 13, 2003
People v. Hernandez
Where defendant's conviction is reversed for improper discharge of single juror, double jeopardy principles do not bar retrial. 		Criminal Law and Procedure Oct. 13, 2003
Travis W., a Minor
Juvenile who was not personally holding gun during carjacking is liable for carjacking while armed with dangerous weapon. 		Criminal Law and Procedure Oct. 13, 2003
In re Marquez
Time spent in jail after receiving sentence in one county and while awaiting trial in another county may be applied as custody credits. 		Criminal Law and Procedure Oct. 13, 2003
In re Martinez
Defendant's prereversal prison time is not presentence custody and credit accrual is calculated according to postsentence status. 		Criminal Law and Procedure Oct. 13, 2003
People v. Snow
Circumstantial evidence presented at trial was sufficient to sustain murder conviction, special allegation and death sentence. 		Criminal Law and Procedure Oct. 13, 2003
Johnny O., a Minor
Possession of device for smoking marijuana by itself is not crime in California. 		Criminal Law and Procedure Oct. 13, 2003
People v. Hillhouse
Statutes prohibiting sex crimes against persons with developmental disabilities applies to both minors and adults. 		Criminal Law and Procedure Oct. 13, 2003
U.S. v. Alfaro
Calculation of upward departure for 'large-scale' illegal importation violates ex post facto clause. 		Criminal Law and Procedure Oct. 13, 2003
U.S. v. Davis
Government's indictment of defendant set forth proper criminal intent for escape. 		Criminal Law and Procedure Oct. 13, 2003
People v. Heard
Defendant's death sentence is reversed because court erroneously excused prospective juror for cause. 		Criminal Law and Procedure Oct. 13, 2003
In re Scott
Attorney who did not pursue evidence of client's mental condition did not provide ineffective assistance of counsel. 		Criminal Law and Procedure Oct. 13, 2003
People v. Burgener
Trial judge failed to use his independent judgment to determine whether evidence supported death penalty. 		Criminal Law and Procedure Oct. 13, 2003
People v. Leal
Police questioning of defendant without restrictions on movement did not amount to arrest requiring Miranda warnings. 		Criminal Law and Procedure Oct. 13, 2003
Alford v. Superior Court (People)
Prosecution is not entitled to information disclosed to defense pursuant to 'Pitchess motion.' 		Criminal Law and Procedure Oct. 13, 2003
People v. Bolden
Conviction for first-degree murder with special circumstance and death sentence are upheld. 		Criminal Law and Procedure Oct. 12, 2003
In re Taylor
Because nonviolent drug offender had twice violated drug-related conditions of probation, the court didn't have discretion to impose jail time. 		Criminal Law and Procedure Oct. 12, 2003
People v. Dale
State may not appeal court order which found 'not true' the allegation that criminal defendant suffered prior strike. 		Criminal Law and Procedure Oct. 12, 2003
People v. Floyd
Proposition 36 does not apply to defendants sentenced prior to its effective date but whose judgment was not yet final. 		Criminal Law and Procedure Oct. 10, 2003
Morales v. Woodford
Jury instruction error regarding torture special circumstance was harmless. 		Criminal Law and Procedure Oct. 10, 2003
U.S. v. Semsak
Sentence enhancement for defendant who was drunk while driving big-rig truck was proper. 		Criminal Law and Procedure Oct. 10, 2003
Delhomme v. Ramirez
Subsequent overlapping habeas petitions did not affect pendency of first round of state collateral review for tolling purposes. 		Criminal Law and Procedure Oct. 9, 2003
U.S. v. Radmall
Imposition of new sentence did not violate double jeopardy clause because defendant had no legitimate expectation of finality of his sentence. 		Criminal Law and Procedure Oct. 9, 2003
Johnson v. County of Los Angeles
Police officer is entitled to qualified immunity when use of force is objectively reasonable; denial of summary judgment was error. 		Criminal Law and Procedure Oct. 9, 2003
U.S. v. Camacho
Crime of failure to appear is continuing offense; accordingly, defendant should be sentenced under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Oct. 9, 2003
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