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Name Category Published
People v. Rodriguez
Trial court record must be reconstructed where portion of the proceedings was not transcribed. 		Criminal Law and Procedure Jul. 11, 2002
People v. Luther
Only one mandatory parole period applicable to defendant with consecutive sentences. 		Criminal Law and Procedure Jul. 11, 2002
People v. Caldwell
Failure to include mental state element in jury instruction for attempted murder did not constitute plain error. 		Criminal Law and Procedure Jul. 11, 2002
Ramirez v. People
By Operation of law, decision of the court of appeals, is affirmed by equally divided court. See C.A.R. 35(e). 		Criminal Law and Procedure Jul. 11, 2002
People v. Shepherd
Records of criminal convictions in other states sufficient to sustain habitual criminal adjudication. 		Criminal Law and Procedure Jul. 11, 2002
People v. Allen
Inappropriate hypothetical given by trial court in response to jury inquiry did not constitute plain error. 		Criminal Law and Procedure Jul. 11, 2002
People v. Sherman
Trial court's elaboration of reasonable doubt jury instruction did not violate defendant's due process rights. 		Criminal Law and Procedure Jul. 11, 2002
People v. Ferguson
Trial court erred in giving self-defense jury instruction that included definition of deadly force. 		Criminal Law and Procedure Jul. 11, 2002
People v. Saleh
Foot may be deadly weapon when used to start unbroken, foreseeable chain of events capable of producing serious bodily injury or death. 		Criminal Law and Procedure Jul. 11, 2002
Shipley v. People
Provision only mandates the length of sentence which special drug offender must receive. 		Criminal Law and Procedure Jul. 11, 2002
State v. Paxson
Trial court abused its discretion by precluding defendant's 'air bag' defense in vehicular manslaughter case. 		Criminal Law and Procedure Jul. 10, 2002
People v. Farell
Penal Code section mandating 90-day sentence for theft exceeding $50,000 does not apply to theft of trade secrets. 		Criminal Law and Procedure Jul. 10, 2002
People v. Cochran
Defendant who posted photographs on Internet did not have commercial purpose necessary for pornography conviction. 		Criminal Law and Procedure Jul. 10, 2002
People v. Padilla
Conduct credits were improperly calculated for defendant convicted of nonviolent felony. 		Criminal Law and Procedure Jul. 9, 2002
People v. Superior Court (Henkel)
Required five-year 'washout period' for Proposition 36 eligibility must immediately precede current drug possession offense. 		Criminal Law and Procedure Jul. 9, 2002
People v. Jaspar
Jury instruction on battered women's syndrome did not confuse jury. 		Criminal Law and Procedure Jul. 9, 2002
State v. Meza
State's various discovery violations resulted in court's order to preclude evidence as sanction against state. 		Criminal Law and Procedure Jul. 9, 2002
People v. Kubby
Defendant with misdemeanor conviction who flees jurisdiction loses right to appeal. 		Criminal Law and Procedure Jul. 9, 2002
People v. Ward
Court does not lose jurisdiction when it allows cure of procedural defect in petition to extend commitment of 'sexually violent predator.' 		Criminal Law and Procedure Jul. 9, 2002
People v. Cuccia
Cumulative effect of coercing defendant to testify and denying defendant's request to testify on surrebuttal violated defendant's right to fair trial. 		Criminal Law and Procedure Jul. 9, 2002
People v. Arroyas
Sentence for vandalism conviction was properly enhanced based on defendant's street gang affiliation. 		Criminal Law and Procedure Jul. 8, 2002
People v. Mearns
Sentence ordering defendant to pay restitution to rape victim was proper under California Constitution. 		Criminal Law and Procedure Jul. 8, 2002
People v. Baylor
There is no constitutional violation when police in one case use DNA profile which was lawfully obtained in another previous case. 		Criminal Law and Procedure Jul. 8, 2002
People v. Chenze
Defendant was properly convicted for battery on custodial officer despite amendment to criminal statute. 		Criminal Law and Procedure Jul. 8, 2002
People v. Superior Court (Jefferson)
To be eligible for probation, defendant must be free from prison custody for five years immediately preceding drug offense. 		Criminal Law and Procedure Jul. 8, 2002
U.S. v. Bass
National crime statistics do not justify discovery of government's decisions to seek death penalty. 		Criminal Law and Procedure Jul. 8, 2002
State v. Brightman
Defendant who shot victim when gun went off during fistfight is guilty of second-degree murder. 		Criminal Law and Procedure Jul. 8, 2002
State v. Hickman
Defendant's stipulation to prior convictions was properly included in sentence calculation. 		Criminal Law and Procedure Jul. 8, 2002
State v. Mannering
Defendant convicted of attempted first-degree murder was not entitled to assert defense of duress. 		Criminal Law and Procedure Jul. 8, 2002
People v. Apodaca
Similar incident evidence is allowed where it was necessary to prove identity of defendant. 		Criminal Law and Procedure Jul. 8, 2002
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