| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D042980
|
People v. George
'Blakely' precludes trial court's determination of facts not found by jury or admitted by defendant as basis for imposing upper-term sentence. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B165580
|
People v. Juarez
Court's imposition of upper-term sentence based on its own finding of aggravating factors violates right to jury trial. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
C045613
|
People v. Emerson
Where defendant had nine occasions of driving under influence of alcohol and drugs, imposition of upper term sentence was proper. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
H026899
|
People v. Ackerman
Court's imposition of upper sentence term for failing to register as sex offender did not violate right to jury trial. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B172963
|
People v. Prieto
Factors used by judge to impose full middle-term consecutive sentence on sex offender need not be proven to jury. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
G033583
|
People v. Vu
Imposition of upper term sentence must be reevaluated where three of six aggravating circumstances are excluded. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
E034071
|
People v. Joy
Imposition of upper term does not require jury findings of aggravating circumstances. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B166502
|
People v. White
Changes in statutory definition of forcible oral copulation do not affect defendant's conviction. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
H026885
|
People v. Harless
Admission of victim's prior statements did not violate defendant's confrontation rights. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
S122865
|
Lewis v. Alfaro
Order |
Family Law |
|
Nov. 17, 2006 | |
|
A104828
|
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Co.)
Trial court's grant of peremptory writ of mandate commanding state agencies to set aside their administrative determinations cannot be upheld. |
Environmental Law |
|
Nov. 17, 2006 | |
|
S138169
|
Adoption of Joshua S.
Order |
|
Nov. 17, 2006 | ||
|
G033608
|
Corder v. Corder
Decedent's surviving wife is only entitled to ten percent of wrongful death action settlement proceeds, based on spousal support principles. |
Family Law |
|
Nov. 17, 2006 | |
|
S130777
|
People v. White
Order |
|
Nov. 17, 2006 | ||
|
S131052
|
People v. Watson
Order |
|
Nov. 17, 2006 | ||
|
F044592
|
People v. Stankewitz
Judicial finding of defendant's prior convictions is proper aggravating factor in imposing upper term. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
S130148
|
People v. Croteau
Order |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B169300
|
People v. Thomas
Purse-snatcher who cut strap and yanked purse away from victim can be convicted of robbery. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
D045067
|
Joshua S., a Minor
Adoptive parent was not entitled to attorney fees under 'private attorney general' doctrine. |
Family Law |
|
Nov. 17, 2006 | |
|
D042549
|
People v. Lemus
Upper term sentence may be imposed only when facts supporting it are found by a jury. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
H026137
|
People v. Barnes
Testimonial evidence regarding profile of drug dealer was properly admitted at defendant's trial. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
E036353
|
People v. Concepcion
Defendant's involuntary absence from courtroom during prosecution's presentation of all evidence offered to support certain criminal counts was structural error. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
A111007
|
People v. Johnson
Defendant's use of force or fear to prevent security guard from recovering stolen merchandise is sufficient to support conviction for robbery. |
Criminal Law and Procedure |
|
Nov. 17, 2006 | |
|
B168950
|
S.B. Beach Properties v. Berti
Voluntary dismissal of alleged SLAPP suit does not deprive trial court of jurisdiction to decide issues of attorney fees and costs. |
Civil Procedure |
|
Nov. 16, 2006 | |
|
S132167
|
Lockheed Litigation Cases
Order |
|
Nov. 16, 2006 | ||
|
C045386
|
Toys "R" Us Inc. v. Franchise Tax Board
In refund case, judgment for Franchise Tax Board is proper where only inclusion of interest is permitted in retail store's sales factor. |
Taxation |
|
Nov. 16, 2006 | |
|
A112669
|
McQuarters v. Superior Court (People)
Unexcused late filing of petition to recommit means prisoner can no longer be committed under Mentally Disordered Prisoners Act. |
Criminal Law and Procedure |
|
Nov. 16, 2006 | |
|
F043125
|
People v. Wells
Police officer had reasonable suspicion to stop vehicle being driven erratically. |
Criminal Law and Procedure |
|
Nov. 16, 2006 | |
|
D042251
|
Copley Press Inc. v. Superior Court (County of San Diego)
Record of police disciplinary appeal that omitted officer's name violated public disclosure law. |
Government |
|
Nov. 16, 2006 | |
|
H022727
|
People v. Dominguez
Incomplete jury instructions require reversal of defendant's conviction for felony murder. |
Criminal Law and Procedure |
|
Nov. 16, 2006 |