| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E030278
|
People v. Hoard
Incidental movement of victims during commission of robbery does not amount to aggravated kidnapping. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
S094627
|
People v. Roberge
Order |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
B154006
|
People v. Jones
Defendant convicted of shooting at dwelling and being felon in possession of firearm may be sentenced for both offenses. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
00-50422
|
U.S. v. Franco-Lopez
Defendant must be resentenced after prosecutor breached plea agreement. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
H021920
|
People v. Letteer
Defendant is entitled to be sentenced by judge who accepted his guilty plea. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
S032736
|
People v. Boyette
Defendant's convictions for two counts of first-degree murder and death sentence are affirmed. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
B160315
|
Michael B. v. Superior Court (People)
Grand jury may issue subpoena duces tecum, which does not require affidavit of good cause. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
02-50031
|
U.S. v. Bravo-Diaz
District court lacked jurisdiction to vacate conviction for drug smuggling under All Writs Act. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
D037565
|
People v. Cervantes
Search of defendant as condition of probation is illegal if it is arbitrary, capricious or harassing. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
B155099
|
People v. Matute
Defendant's rights weren't violated by victim's failure to give specific details regarding each count of rape for which he was charged. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
D038540
|
People v. Pugh
Buyer who pasted seller's signature on sales agreement is guilty of forgery. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
A093189
|
People v. Napoles
Despite court's failure to give unanimity instruction in joint jury trial, error was harmless. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
S101047
|
Humphrey v. Appellate Division of Superior Court (People)
Search warrant to test defendant's blood for HIV may be based on affidavit comprised of hearsay statements. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
C036703
|
People v. Miceli
Court's refusal to provide jury instruction regarding necessity defense was not prejudicial error. |
Criminal Law and Procedure |
|
Feb. 4, 2003 | |
|
B148121
|
People v. Seneca Insurance Co.
If guilty plea entered, court must state reasons for defendant to remain on bail to prevent bail exoneration. |
Criminal Law and Procedure |
|
Feb. 3, 2003 | |
|
99-30135
|
U.S. v. Recio
Court finds insufficient evidence of guilt of pre-seizure conspiracy where defendants' conduct reveals general guilt of post-seizure pick up of contraband |
Criminal Law and Procedure |
|
Feb. 2, 2003 | |
|
D038830
|
People v. Barasa
Defendant was not entitled to receive probation following conviction for transporting controlled substance. |
Criminal Law and Procedure |
|
Jan. 29, 2003 | |
|
01-1184
|
U.S. v. Recio
Conspiracy does not automatically terminate when objective of conspiracy becomes impossible to achieve. |
Criminal Law and Procedure |
|
Jan. 28, 2003 | |
|
S104424
|
People v. Ramirez
Order |
Criminal Law and Procedure |
|
Jan. 27, 2003 | |
|
C038797
|
People v. Garcia
Defendant who steals drug and immediately consumes it is eligible for drug treatment under Proposition 36. |
Criminal Law and Procedure |
|
Jan. 27, 2003 | |
|
01-7574
|
Sattazahn v. Pennsylvania
Defendant's retrial for murder, which resulted from jury's deadlock during sentencing, did not trigger double jeopardy clause. |
Criminal Law and Procedure |
|
Jan. 22, 2003 | |
|
00-10088
|
U.S. v. Sua
District court may exclude plea agreement offered for purpose of establishing government's belief in person's innocence. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-30055
|
U.S. v. Pitner
Conspiracy conviction is reversed because retrial was not held within time required by Speedy Trial Act. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-56021
|
Gallegos v. City of Los Angeles
Police lawfully detained motorist for less than one hour based on mistaken belief that he committed burglary. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
99-30165
|
U.S. v. McGuire
Wiretapping conducted by FBI during investigation of Montana Freemen was lawful. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-30017
|
U.S. v. Parish
Defendant convicted of possessing child pornography may receive reduced sentence because offense was comparatively minor. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-30081
|
U.S. v. Booth
Sentence must be vacated due to failure to provide defendant with adequate notice of upward departure. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
00-10339
|
U.S. v. Choy
Money given to private individual that would later enable bribe to public official is insufficient to support conviction. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-50317
|
U.S. v. Walters
Refusal to allow attorney to appear 'pro hac vice' during sentencing was harmless error despite constitutional violation. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-56324
|
Dyas v. Poole
Murder defendant's shackles, which were observed by jurors during trial, created high degree of prejudice. |
Criminal Law and Procedure |
|
Jan. 15, 2003 |