| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B148656
|
People v. Superior Court (Jimenez)
Judge is not available to hear suppression motion where prosecution filed peremptory challenge against him because he was effectively disqualified from case. |
Criminal Law and Procedure |
|
Sep. 24, 2003 | |
|
A094828
|
Stogner v. Superior Court (People)
Criminal prosecution may proceed of child molestations committed between 1955 and 1973. |
Criminal Law and Procedure |
|
Sep. 24, 2003 | |
|
G028162
|
People v. Buttram
Certificate of Probable Cause is required to initiate rehabilitation commitment proceedings for drug offender who pled guilty to possession. |
Criminal Law and Procedure |
|
Sep. 24, 2003 | |
|
D037349
|
People v. Hammer
Sex offender who successfully completes probation may be sentenced under One Strike Law upon reoffense. |
Criminal Law and Procedure |
|
Sep. 24, 2003 | |
|
02-50631
|
U.S. v. Bonas
Defendant may not be retried where district court's finding of manifest necessity for mistrial is not supported by record. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
02-10275
|
U.S. v. Cruz-Garcia
Court abused its discretion by excluding underlying details of prosecution witness's prior convictions. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
S059739
|
In re Scott
Review granted |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
B138462
|
People v. Adair
Acquitted defendant is not entitled to finding of factual innocence because conflicting accounts lead to reasonable belief she committed murder. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
B143803
|
Michele D., a Minor
Actual force is not required to prove kidnapping of baby so long as child is taken for improper purpose. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
A093589
|
People v. Meloney
Secondary-offense court retains jurisdiction to lift stay of on-bail sentence enhancement after conviction by primary-offense court. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
B153849
|
In re Varnell
Trial court has discretionary authority to dismiss prior conviction to make defendant eligible for sentencing under Proposition 36. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
B151016
|
In re Rosenkrantz
Trial court has jurisdiction to review governor's parole decision. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
S010808
|
People v. Farnam
Conviction and death sentence for first-degree murder, rape and sodomy are affirmed. |
Criminal Law and Procedure |
|
Sep. 23, 2003 | |
|
S108309
|
People v. Smith
Order |
Criminal Law and Procedure |
|
Sep. 22, 2003 | |
|
02-55287
|
Forn v. Hornung
Admission of extrajudicial statement given by accomplice was improper but error was harmless. |
Criminal Law and Procedure |
|
Sep. 16, 2003 | |
|
C037421
|
People v. Mack
Conduct credits for time served prior to reversal is determined by statutory formula and performance while in prison. |
Criminal Law and Procedure |
|
Sep. 12, 2003 | |
|
E030384
|
People v. Williams
Trial court adequately instructed in language of Sexually Violent Predators Act and properly refused defendant's requested jury instruction. |
Criminal Law and Procedure |
|
Aug. 27, 2003 | |
|
F028940
|
People v. Lee
Jury is properly instructed on 'transferred intent doctrine' where evidence supports giving instruction. |
Criminal Law and Procedure |
|
Aug. 27, 2003 | |
|
G025767
|
People v. Gonzalez
Violation of 'dual use issue' resulted in improper sentencing enhancement. |
Criminal Law and Procedure |
|
Aug. 27, 2003 | |
|
01-99005
|
Alcala v. Woodford
Court upholds conditional habeas petition of defendant who was sentenced to death for murder of 12-year old girl. |
Criminal Law and Procedure |
|
Aug. 19, 2003 | |
|
02-15881
|
Biggs v. Terhune
Board of Prison Terms' denial of parole is supported by some evidence and satisfies due process requirements. |
Criminal Law and Procedure |
|
Aug. 19, 2003 | |
|
S027555
|
People v. Prieto
Defendant's conviction and death sentence for murder and rape are affirmed. |
Criminal Law and Procedure |
|
Aug. 19, 2003 | |
|
B159449
|
In re Capistran
In denying parole, governor failed to make individualized consideration of same factors on which Board of Prison Terms relied. |
Criminal Law and Procedure |
|
Aug. 19, 2003 | |
|
B164180
|
Brant v. Superior Court (City of Los Angeles)
Criminal defendant is entitled to discovery from personnel files of two arresting police officers. |
Criminal Law and Procedure |
|
Aug. 19, 2003 | |
|
S022481
|
People v. Navarette
Claim that prosecutor committed misconduct during penalty phase of trial was unfounded. |
Criminal Law and Procedure |
|
Aug. 19, 2003 | |
|
01-50293
|
U.S. v. Moreno-Morillo
District court properly exercised its jurisdiction pursuant to Maritime Drug Law Enforcement Act. |
Criminal Law and Procedure |
|
Aug. 18, 2003 | |
|
01-99016
|
Rohan v. Woodford
District court must stay capital habeas proceedings while petitioner is incompetent. |
Criminal Law and Procedure |
|
Aug. 18, 2003 | |
|
02-10188
|
U.S. v. Shimoda
Defendant who pleaded guilty to drug offense waived right to appeal his sentence. |
Criminal Law and Procedure |
|
Aug. 18, 2003 | |
|
02-10070
|
U.S. v. Wong
Evidence of child pornography discovered during execution of search warrants as part of murder investigation is admissible under plain view doctrine. |
Criminal Law and Procedure |
|
Aug. 18, 2003 | |
|
B156429
|
People v. Acevedo
Failure to prove that police car exhibited red light requires reversal of conviction for evading police officer. |
Criminal Law and Procedure |
|
Aug. 13, 2003 |
