| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S097715
|
People v. Statum
People may appeal superior court's decision to impose misdemeanor sentence for 'wobbler' offense. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
S029460
|
People v. Cash
Trial court's failure to permit voir dire on whether juror could impose life in prison without parole is prejudicial error. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
H021243
|
People v. Muszynsiki
Individual apartments damaged by fire are not separate structures under aggravated arson statute. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
C035402
|
People v. Watie
Where defendant shot at victim in his home, jury is properly instructed on defense of dwelling. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
S099542
|
People v. Superior Court (Jimenez)
Prosecution may not render judge unavailable to rehear suppression motion by challenging that judge under Code of Civil Procedure Section 170.6. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
D039443
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California (4805 Convoy Inc.)
Undercover officer's inquiry of 'more skin' posed to exotic dancer does not constitute entrapment. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
B153035
|
People v. Alvarez
Application of one strike law to lewd conduct charges committed before law took effect violates ex post facto prohibitions. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
D037142
|
People v. Verlinde
As matter of law, co-perpetrator is not accomplice of defendant convicted of gross vehicular manslaughter. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
F038699
|
People v. Culp
Court should have aggregated non-continuous periods of presentence custody for purpose of calculating credits. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
S088712
|
People v. Storm
Defendant's s statements made at non-custodial home interview are admissible where defendant invoked 'Miranda' rights during polygraph exam three days earlier. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
H020377
|
People v. Phillips
Cocaine and cocaine base are two different substances and they should not be aggregated for sentence enhancement purposes. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
B142261
|
People v. Linn
Court finds no merit to convicted defendant's challenges to jury instructions. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
H021773
|
People v. Martinez
Defendant who asked minor for oral sex did not commit criminal solicitation. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
S100485
|
People v. Linn
Order |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
B150002
|
People v. Ortiz
Kidnapping-for-carjacking statute does not require that physical movement of victim 'substantially' increase risk of harm to victim. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
C037863
|
People v. Crosswhite
Sentence extending commitment of individual found guilty by reason of insanity does not violate due process or equal protection. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
B152019
|
People v. Delong
Defendant's appeal is not moot where conviction was set aside pursuant to Proposition 36 after successful completion of drug treatment program. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
S093628
|
City of Los Angeles v. Superior Court (Brandon)
Trial court's order, directing police agency to disclose to defense 10-year old information in arresting officer's personnel records, was improper. |
Criminal Law and Procedure |
|
Oct. 2, 2002 | |
|
F030754
|
People v. Pizarro
DNA evidence is inadmissible where defendant's profile is improperly compared to Hispanic profile and perpetrator's ethnicity is unknown. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
H022452
|
People v. Wright
Trial court lacks authority to defer entry of judgment when prosecutor initially determines defendant is ineligible. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
B149785
|
People v. Noriega
Trial judge improperly delivered extemporaneous admonishment to the jurors against jury nullification, but in this specific case the error was harmless. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
S094039
|
People v. Sinohui
Exception to spousal testimony privilege is applied where husband committed crime against wife and third person in continuous course of criminal conduct. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
C037421
|
People v. Mack
Defendant is entitled to conduct credits for time spent in prison prior to reversal of conviction. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
B153757
|
People v. Manderscheid
Police officer's entry into backyard to knock on rear door did not invalidate subsequent consent to search residence. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
D039073
|
People v. Mora
Court errs by amending prisoner's sentence in his absence. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
S097857
|
People v. Johnson
Penal Code Section 288.5 precludes convictions on both continuous sexual abuse charge and individual sexual offenses. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
B145982
|
People v. Wilkinson
Statutory scheme that permits prosecutors arbitrarily to punish battery as either felony or misdemeanor violates equal protection requirement. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
B152891
|
People v. Washington
Defendant may be ordered to pay for extradition as cost of probation supervision. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
G029364
|
Virgle v. Superior Court (People)
Separate finding of probable cause is not required to order fingerprint exemplar where defendant's arrest was lawful. |
Criminal Law and Procedure |
|
Oct. 1, 2002 | |
|
S094710
|
People v. Anderson
Duress is not defense to first-degree murder of innocent person and does not reduce murder to manslaughter. |
Criminal Law and Procedure |
|
Oct. 1, 2002 |