| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B145348
|
People v. Ranger Insurance Co.
Bail bond must be forfeited if defendant pleads no contest and then fails to appear for sentencing. |
Criminal Law and Procedure |
|
May 20, 2003 | |
|
A097337
|
People v. Ledesma
Police were entitled to conduct cursory sweep of premises for unknown occupants prior to conducting probation search. |
Criminal Law and Procedure |
|
May 20, 2003 | |
|
02-524
|
Price v. Vincent
Judge's comments regarding appropriateness of charge prior to defendant's conviction did not result in double jeopardy. |
Criminal Law and Procedure |
|
May 19, 2003 | |
|
B149459
|
People v. Trotter
Defendant must be retried after court improperly substituted holdout juror with alternate juror. |
Criminal Law and Procedure |
|
May 19, 2003 | |
|
02-50154
|
U.S. v. Morales
Court lacked authority to reduce fine of IRS agent convicted of accepting bribes. |
Criminal Law and Procedure |
|
May 16, 2003 | |
|
G028140
|
In re Chavez
Petitioner should be allowed to file late statement of certificate issues when good cause for relief is shown. |
Criminal Law and Procedure |
|
May 16, 2003 | |
|
01-56343
|
Guillory v. Roe
Because of defendant's lack of diligence in exhausting claims, his petition for writ of habeas corpus isn't entitled to equitable tolling. |
Criminal Law and Procedure |
|
May 13, 2003 | |
|
A096823
|
People v. Williams
Non-violent drug offender whose third probation was revoked prior to Proposition 36 is no longer eligible for probation under the act. |
Criminal Law and Procedure |
|
May 13, 2003 | |
|
01-15345
|
Koerner v. Grigas
Claim that criminal defendant was denied direct appeal from conviction was improperly dismissed as procedurally defaulted. |
Criminal Law and Procedure |
|
May 6, 2003 | |
|
00-16381
|
Ivy v. Pontesso
Defendant who had opportunity to present claim during habeas proceeding may not bring claim under other federal law. |
Criminal Law and Procedure |
|
May 6, 2003 | |
|
01-1559
|
Massaro v. United States
Claim of ineffective assistance of counsel may be brought in collateral proceeding even if it was not raised on direct appeal. |
Criminal Law and Procedure |
|
May 2, 2003 | |
|
B155958
|
People v. Tatum
Videotaped statement of elderly victim was admissible under exception to hearsay rule. |
Criminal Law and Procedure |
|
Apr. 30, 2003 | |
|
B159209
|
People v. Gutierrez
Defendant who was advised of immigration consequences of guilty plea cannot withdraw plea. |
Criminal Law and Procedure |
|
Apr. 10, 2003 | |
|
H023851
|
People v. De Porceri
Assault with intent to commit lewd acts on child qualifies as serious felony under Three Strikes Law. |
Criminal Law and Procedure |
|
Apr. 10, 2003 | |
|
E030941
|
Daniel W., a Minor
Hearsay statement of minor victim of sexual abuse is admissible when made for purpose of medical diagnosis and treatment. |
Criminal Law and Procedure |
|
Apr. 10, 2003 | |
|
01-35593
|
McClure v. Thompson
Defense attorney's disclosure of location of murder victims' bodies did not constitute ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Apr. 9, 2003 | |
|
B141201
|
People v. Reliford
Given entirety of evidence and trial record, there is no reasonable likelihood that jury was misled by language of challenged instruction. |
Criminal Law and Procedure |
|
Apr. 9, 2003 | |
|
B150882
|
In re Martinez
Prisoner should have received presentence credit for time spent in prison for conviction that was later reversed. |
Criminal Law and Procedure |
|
Apr. 9, 2003 | |
|
B145238
|
People v. Hernandez
Trial court abuses discretion in discharging juror from panel near end of trial, and double jeopardy bars retrial. |
Criminal Law and Procedure |
|
Apr. 9, 2003 | |
|
F035862
|
People v. Haselman
Evidence of prior uncharged sexual offenses need only be proved by preponderance of evidence. |
Criminal Law and Procedure |
|
Apr. 9, 2003 | |
|
D036869
|
Alford v. Superior Court (People)
Court abuses discretion in denying 'Pitchess' motion on grounds that effective protective order could not be issued. |
Criminal Law and Procedure |
|
Apr. 8, 2003 | |
|
F038303
|
People v. Wheeler
Wife's hearsay statement regarding her adultery is admissible as statement against social interest. |
Criminal Law and Procedure |
|
Apr. 8, 2003 | |
|
F039060
|
People v. Belmares
Resisting officer is not lesser included offense of deterring officer. |
Criminal Law and Procedure |
|
Apr. 8, 2003 | |
|
B153751
|
People v. Karapetyan
Juror was improperly dismissed for failure to deliberate. |
Criminal Law and Procedure |
|
Apr. 7, 2003 | |
|
C036850
|
People v. Abbaszadeh
Defense counsel's failure to object to 'Mello' instruction during voir dire is excused because objection would have been futile. |
Criminal Law and Procedure |
|
Apr. 7, 2003 | |
|
B154457
|
People v. Morales
Where jury found defendant had previous violent felony conviction, sentence enhancement applies to all counts of current conviction. |
Criminal Law and Procedure |
|
Apr. 3, 2003 | |
|
D039757
|
Manriquez v. Gourley
Arresting officer complied with 15-minute period of 'continuous observation' before administering breath test. |
Criminal Law and Procedure |
|
Apr. 2, 2003 | |
|
H023635
|
People v. Sanchez
Law requiring former gang member to disclose areas he frequents is unconstitutionally vague. |
Criminal Law and Procedure |
|
Apr. 2, 2003 | |
|
01-10104
|
U.S. v. Taylor
Defendant who participated in escape phase of shooting is not liable as accessory after the fact. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
02-50069
|
U.S. v. Garcia
Sentencing court is not required to provide notice before departing upward from Chapter 7 recommended sentencing range. |
Criminal Law and Procedure |
|
Apr. 1, 2003 |