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Name Category Published
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
Stogner v. Superior Court (People)
Criminal prosecution may proceed of child molestations committed between 1955 and 1973.
Criminal Law and Procedure Sep. 24, 2003
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
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
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
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
In re Scott
Review granted
Criminal Law and Procedure Sep. 23, 2003
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
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
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
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
In re Rosenkrantz
Trial court has jurisdiction to review governor's parole decision.
Criminal Law and Procedure Sep. 23, 2003
People v. Farnam
Conviction and death sentence for first-degree murder, rape and sodomy are affirmed.
Criminal Law and Procedure Sep. 23, 2003
People v. Smith
Order
Criminal Law and Procedure Sep. 22, 2003
Forn v. Hornung
Admission of extrajudicial statement given by accomplice was improper but error was harmless.
Criminal Law and Procedure Sep. 16, 2003
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
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
People v. Lee
Jury is properly instructed on 'transferred intent doctrine' where evidence supports giving instruction.
Criminal Law and Procedure Aug. 27, 2003
People v. Gonzalez
Violation of 'dual use issue' resulted in improper sentencing enhancement.
Criminal Law and Procedure Aug. 27, 2003
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
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
People v. Prieto
Defendant's conviction and death sentence for murder and rape are affirmed.
Criminal Law and Procedure Aug. 19, 2003
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
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
People v. Navarette
Claim that prosecutor committed misconduct during penalty phase of trial was unfounded.
Criminal Law and Procedure Aug. 19, 2003
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
Rohan v. Woodford
District court must stay capital habeas proceedings while petitioner is incompetent.
Criminal Law and Procedure Aug. 18, 2003
U.S. v. Shimoda
Defendant who pleaded guilty to drug offense waived right to appeal his sentence.
Criminal Law and Procedure Aug. 18, 2003
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
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