| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01SA41
|
People v. Braunthal
Defendant's due process rights weren't violated by police department's unintentional destruction of videotape evidence. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B156079
|
Bailon v. Superior Court (People)
Trial that started one day after stipulated final date for trial violated defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
H022334
|
People v. Vu
Failure to instruct jury that sexual battery is lesser included offense of penetration with foreign object is prejudicial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00-30409
|
U.S. v. Williams
Defendant's sentence for coercing minor to travel beyond state for prostitution was incorrectly calculated. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-30166
|
U.S. v. Kim
Defendant's statements made during execution of search warrant amounted to unlawful custodial interrogation.. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-3370
|
Gaines v. Stenseng
Dismissal of due process claim of Kansas state prisoner for 75 days in disciplinary segregation was improper without review of evidence of prison conditions. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-3170
|
U.S. v. Alexander
Court properly applied sentence enhancement based on possession of weapon during drug conspiracy. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-50199
|
U.S. v. Blajos
Government must prove Federal Deposit Insurance Corporation status of bank, not of money taken under 18 U.S.C. Section 2113. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-56124
|
Miranda v. Castro
Reliance on counsel's erroneous advice does not warrant equitable tolling of one-year statute of limitations on filing habeas corpus petition. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00-6254
|
Burleson v. Saffle
Defendants' two convictions for violating state's drive-by shooting statute did not violate prohibition against double jeopardy. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-7156
|
Hall v. Scott
Court should have applied equitable tolling doctrine to prisoner's filing of petition for writ of habeas corpus. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-50226
|
U.S. v. Sandoval-Venegas
Police officers working on collective knowledge has probable cause to arrest defendant. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
99-30381
|
U.S. v. Minore
Court erred in failing to inform defendant that government would be required to prove drug quantity beyond reasonable doubt. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B149828
|
People v. Gonzalez
Court has limited sua sponte duty to instruct on target offense relating to natural and probable consequences theory of aiding and abetting liability. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
C036340
|
People v. Jimenez
Defendant who fondled several different areas of victim's body is guilty of multiple counts of lewd conduct. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00-30337
|
U.S. v. Errol D.
Federal government does not have jurisdiction over burglary of the Bureau of Indian Affairs building under Indian Major Crimes Act. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B148171
|
People v. National Automobile Casualty Insurance Co.
Court's failure to expressly declare bail is forefeited deprived court of later jurisdiction to note forfeiture in minutes. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
S036450
|
People v. Koontz
Death sentence is affirmed for defendant who failed to show he was incompetent to stand trial or to represent himself. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
D038813
|
People v. Mantanez
Because of defendant's long criminal history, imposition of Three Strikes sentence isn't cruel and unusual punishment. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
E028833
|
People v. Martin
Police did not knowingly circumvent defendant's Sixth Amendment rights when police arranged for defendant's girlfriend to secretly record inculpatory phone conversations. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
C038718
|
People v. Archer
Driver who exposed his penis to other driver during road rage incident is guilty of indecent exposure. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
B152162
|
People v. Johnson
Trial court properly instructed jury on difference between voluntary and involuntary manslaughter. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
B150933
|
People v. Northup
Since prosecutor did not possess personnel files, there was no duty to determine whether they contained favorable or material evidence for defense. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
D037859
|
People v. Shaw
Defendant does not have reasonable expectation of privacy in hole in ground in common area of his apartment complex. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
D035591
|
People v. Massicot
Conviction for indecent exposure requires display of bare genitals. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
S097450
|
Hambarian v. Superior Court of Orange County (People)
Court properly declined to disqualify District Attorney for accepting assistance of forensic accountant employed and compensated by victim. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
B139753
|
People v. Gofman
Court erred in dismissing counts of state indictment that were not based on same acts alleged in federal indictment. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
S089554
|
People v. Alvarez
Corpus delicti rule still requires every conviction be supported by some proof of corpus delicti 'aside from' or 'in addition to' defendant's extrajudicial statements. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
S090710
|
People v. Talibdeen
Because defendant is not in prison for failure to pay fine, imposition of state and county penalties is mandatory. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
B149442
|
People v. Level
Defendant who failed to raise issue of age waived right to have prior conviction treated as juvenile adjudication. |
Criminal Law and Procedure |
|
Aug. 6, 2002 |