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Name Category Published
Opinion of Bill Lockyer
Depending upon particular circumstances, prosecution may have duty to order transcripts from reporter of witness's recorded statement for inspection by defense. 		Criminal Law and Procedure Jun. 12, 2002
People v. Nix
Definition of principal residence is unconstitutionally vague. 		Criminal Law and Procedure Jun. 11, 2002
People v. Prophet
Statute that prohibits appeal of sentence prevails over contradictory supreme court rule. 		Criminal Law and Procedure Jun. 11, 2002
People v. Vinson
Sexual contact under sexual assault statute includes ejaculation onto clothing covering intimate parts of another person. 		Criminal Law and Procedure Jun. 11, 2002
People v. Harris
Trial court properly excluded evidence of victim's prior sexual relations under rape shield statute. 		Criminal Law and Procedure Jun. 11, 2002
State v. Lansdowne
Criminal charges of unlawful imprisonment and telephone harassment were improperly dismissed. 		Criminal Law and Procedure Jun. 11, 2002
Personal Restraint Petition of Burchfield
Separate convictions for manslaughter and assault arising from same incident violate prohibition against double jeopardy. 		Criminal Law and Procedure Jun. 11, 2002
U.S. v. Taylor
Defendant's liability for bank embezzlement properly included acts of co-defendant. 		Criminal Law and Procedure Jun. 11, 2002
People v. Griffith
Third-degree criminal trespass is not lesser included offense of attempted first-degree criminal trespass. 		Criminal Law and Procedure Jun. 11, 2002
People v. Whidden
Parole may be revoked based on single positive test for controlled substances. 		Criminal Law and Procedure Jun. 11, 2002
Personal Restraint Petition of Percer
Convictions for second-degree felony murder and vehicular homicide arising from same death violate prohibition against double jeopardy. 		Criminal Law and Procedure Jun. 10, 2002
State v. Gaut
Because time for direct appeal has past, defendant's appeal from order denying motion to withdraw guilty plea is dismissed. 		Criminal Law and Procedure Jun. 10, 2002
State v. Cardenas
Trial court correctly admitted items police recovered from motel room where defendant was guest. 		Criminal Law and Procedure Jun. 10, 2002
U.S. v. Bert
Defendant is liable for minimum sentence for possessing cocaine base of 'detectable amount.' 		Criminal Law and Procedure Jun. 9, 2002
Sistrunk v. Armenakis
Petitioner's attack on expert witness and assertion of non-bumpy penis are not sufficient evidence of actual innocence to pass 'Schlup v. Delo' gateway. 		Criminal Law and Procedure Jun. 9, 2002
People v. Leonard
State cannot appeal denial of its request to bar defense attorney from contacting jurors. 		Criminal Law and Procedure Jun. 7, 2002
People v. Duran
Evidence, including certified minute order of conviction, was sufficient to prove robberies were undertaken for benefit of criminal street gang. 		Criminal Law and Procedure Jun. 7, 2002
People v. Sparks
Burglary doesn't include entry from one room into another room in same house unless there is expectation of protection from intrusion. 		Criminal Law and Procedure Jun. 6, 2002
State v. Christian
Prior drug possession conviction under Proposition 200 can be historical prior felony for purposes of sentence enhancement. 		Criminal Law and Procedure Jun. 6, 2002
State v. Phillips
Defendant is not guilty of first-degree murder under theory of accomplice liability. 		Criminal Law and Procedure Jun. 6, 2002
State v. Finch
Court upholds death penalty of defendant involved in a series of armed robberies at restaurants. 		Criminal Law and Procedure Jun. 6, 2002
Evanchyk v. Stewart
Defendant may not be convicted of conspiracy to commit first-degree murder when conviction is based only on commission of felony murder. 		Criminal Law and Procedure Jun. 6, 2002
Stewart v. Smith
Whether defendant waived his right to federal review of habeas claim depends on particular right allegedly violated, not merits of claim. 		Criminal Law and Procedure Jun. 6, 2002
State v. Sorkhabi
State did not have jurisdiction over defendant's crime of resisting arrest, which was committed on Indian reservation. 		Criminal Law and Procedure Jun. 6, 2002
State v. O'Dell
State's failure to preserve data from breath tests does not warrant dismissal of DUI cases. 		Criminal Law and Procedure Jun. 6, 2002
Opinion of Bill Lockyer
Persons committed to county jail who participate in electronic monitoring home detention program are eligible for good conduct and work credits. 		Criminal Law and Procedure Jun. 6, 2002
People v. Loyd
Prosecutor's request and use of tape recording of inmate's unprivileged jail conversations with visitors did not constitute misconduct under state law. 		Criminal Law and Procedure Jun. 5, 2002
U.S. v. Tran
Sufficient evidence supports sentencing enhancements for bank fraud conviction. 		Criminal Law and Procedure Jun. 5, 2002
State v. Martinez
Jury was properly instructed that defendant had burden of proving elements of justification-crime prevention by preponderance of evidence. 		Criminal Law and Procedure Jun. 5, 2002
Rees v. Hill
Request to file second habeas petition is denied because 'Apprendi v. New Jersey' does not apply retroactively to cases on initial collateral review. 		Criminal Law and Procedure Jun. 4, 2002
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