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Name Category Published
People v. Wright
Ambiguous assault instruction is harmless error where defendant admitted to reckless driving and intent to scare victims. 		Criminal Law and Procedure Oct. 8, 2002
People v. Wutzke
Quasi-familial relationship does not make convicted child molester a 'relative' for sentencing purposes. 		Criminal Law and Procedure Oct. 8, 2002
People v. Acosta
Sentence may be based on Three Strikes Law and enhancements under Penal Code Section 667(a) notwithstanding defendant's eligibility under One Strike Law. 		Criminal Law and Procedure Oct. 8, 2002
People v. Gutierrez
Convictions and death sentence for first-degree murder and other offenses are upheld. 		Criminal Law and Procedure Oct. 8, 2002
Luna v. Cambra
Trial counsel's failure to interview and subpoena two alibi witnesses and one exonerating witness is prejudicial error. 		Criminal Law and Procedure Oct. 8, 2002
U.S. v. Chavez-Miranda
Forcible entry by police after waiting 20 to 30 seconds, did not violate the 'Knock and Announce Rule.' 		Criminal Law and Procedure Oct. 8, 2002
Packer v. Hill
Trial judge violated defendant's due process rights by coercing jury to render guilty verdict. 		Criminal Law and Procedure Oct. 7, 2002
People v. Garcia
Shooter's conviction is not required to impose sentencing enhancement on accomplice for gun use allegation where crime is for benefit of street gang. 		Criminal Law and Procedure Oct. 7, 2002
In re Andrews
Counsel's decision not to further investigate mitigating evidence over defendant's objection is reasonable under Sixth Amendment. 		Criminal Law and Procedure Oct. 7, 2002
People v. Ranger Insurance Co.
Court had clear jurisdiction to refuse to discharge order of bail forfeiture and sanctions are imposed for appeal without merit. 		Criminal Law and Procedure Oct. 7, 2002
Miller v. Superior Court (People)
People establish excusable neglect where investigators checked jails and police records but failed to locate key witness before trial. 		Criminal Law and Procedure Oct. 7, 2002
People v. Mehaisin
Parent who abducted his children from their lawful custodian is not entitled to affirmative defense of necessity. 		Criminal Law and Procedure Oct. 7, 2002
People v. Ulloa
Instant messages from defendant's home computer are properly seized where warrant establishes probable cause. 		Criminal Law and Procedure Oct. 7, 2002
People v. Superior Court (Bell)
Defendant is life prisoner 'undergoing a life sentence' because aggregate determinate and indeterminate sentences potentially subject him to actual life imprisonment. 		Criminal Law and Procedure Oct. 2, 2002
In re Brittany L.
Victim of juvenile's criminal conduct is entitled to full restitution without regard to potential reimbursement to victim by his insurer. 		Criminal Law and Procedure Oct. 2, 2002
People v. Beeson
In 'mentally disordered offender' proceeding, court is not required to instruct jury to presume defendant is not mentally disordered offender. 		Criminal Law and Procedure Oct. 2, 2002
People v. Hunter
Defendant who failed to request suppression of evidence at trial cannot seek discovery regarding warrant on appeal. 		Criminal Law and Procedure Oct. 2, 2002
People v. Williams
Alcohol breath test results are admissible upon showing of either compliance with regulations or foundational elements. 		Criminal Law and Procedure Oct. 2, 2002
People v. Valle
Prisoner does not qualify as mentally disordered offender because he did not receive 90 days of treatment within year before his release. 		Criminal Law and Procedure Oct. 2, 2002
People v. Howard
Juvenile adjudication for attempted robbery does not qualify as strike under Three Strikes Law. 		Criminal Law and Procedure Oct. 2, 2002
People v. Noble
Court's instruction that defendant must prove he is not dangerous in order to oppose his commitment as mentally disordered offender is prejudicial. 		Criminal Law and Procedure Oct. 2, 2002
People v. Mower
Defendant must only raise reasonable doubt as to unlawful possession of marijuana and cultivation under Penal Code Section 11362.5(d). 		Criminal Law and Procedure Oct. 2, 2002
People v. Engelman
Instructing jurors to oversee reasoning and decision-making of fellow jurors and report perceived improprieties creates risk of unnecessary intrusion of deliberation process. 		Criminal Law and Procedure Oct. 2, 2002
People v. Michaels
Special circumstances of murder for financial gain apply where defendant admitted secondary motive for killing was his girlfriend's financial gain. 		Criminal Law and Procedure Oct. 2, 2002
People v. Superior Court (Schultz)
When court grants motion to set aside information, it may direct district attorney to file information conditioned upon subsequent hearing before magistrate. 		Criminal Law and Procedure Oct. 2, 2002
People v. Andrade
After imposing restitution fine and suspended parole revocation fine, court could later impose parole revocation fine when defendant violated probation. 		Criminal Law and Procedure Oct. 2, 2002
People v. Westbrook
Defendant, previously adjudicated of committing robbery in juvenile court delinquency proceeding, is entitled to participate in drug treatment program under Proposition 36. 		Criminal Law and Procedure Oct. 2, 2002
People v. Rodriguez
The absence of definitional instructions to clarify term "recurring access" in sex offender statute was not error. 		Criminal Law and Procedure Oct. 2, 2002
Fletcher v. Superior Court
Police officer's prior employment history at previous law enforcement agency is subject to discovery proper 'Pitchess' motion. 		Criminal Law and Procedure Oct. 2, 2002
Baqleh v. Superior Court (People)
Court may order defendant to submit to a mental evaluation by prosecution expert but must comply with requirements of Civil Discovery Act. 		Criminal Law and Procedure Oct. 2, 2002
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