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People v. Woosley
Where prosecution’s consent is lacking, trial court cannot induce defendant to plead guilty in exchange for dismissal of charged enhancement.
Criminal Law and Procedure May 23, 2010
People v. Roberts
Court properly denies motion to suppress wiretaps where state showed that task force achieved objectives despite failure to provide timely wiretap reports.
Criminal Law and Procedure May 23, 2010
Maxwell v. Roe
Bona fide doubt of defendant’s competency exists where defendant is disruptive and uncontrollable, cannot communicate with counsel, and attempts suicide during trial.
Criminal Law and Procedure May 20, 2010
People v. Sutton
Unavailability of defendant’s counsel is good cause to delay trial where unforeseen events led to attorney’s unavailability.
Criminal Law and Procedure May 20, 2010
In re Calderon
Prisoner is eligible for parole where there is no evidence he poses current risk of dangerousness if released.
Criminal Law and Procedure May 19, 2010
People v. King
Court’s error in admitting evidence of uncharged incident involving defendant to show intent is harmless where other overwhelming evidence supports guilty conviction.
Criminal Law and Procedure May 18, 2010
People v. Delgado
Defendant is entitled to receive conduct credits under amendment to Penal Code Section 4019, which went into effect after she was sentenced.
Criminal Law and Procedure May 18, 2010
Maldonado v. Superior Court (People)
Although subject to partial redaction, court compelled pre-trial psychiatric examination for defendant alleging neurocognitive deficits does not violate Fifth Amendment.
Criminal Law and Procedure May 18, 2010
People v. Cropsey
In applying fines previously imposed after defendant’s third parole violation, court does not wrongfully impose separate restitution fines for same conviction.
Criminal Law and Procedure May 18, 2010
U.S. v. Comstock
Necessary and Proper Clause grants Congress authority to enact statute that allows commitment of mentally ill, sexually violent prisoners beyond release date.
Criminal Law and Procedure May 17, 2010
Graham v. Florida
Constitution’s Cruel and Unusual Punishments Clause prohibits Florida’s imposition of life without parole on juvenile nonhomicide offender.
Criminal Law and Procedure May 17, 2010
People v. Ceja
Defendant convicted of theft may not be convicted of receiving same property, and receiving charge cannot be upheld in such dual convictions.
Criminal Law and Procedure May 17, 2010
Peterson v. State
Proposition 115, which permits probable cause determinations at preliminary hearings based on hearsay evidence presented by qualified officers, does not violate Sixth Amendment.
Criminal Law and Procedure May 17, 2010
People v. Vang
Being felon in possession of firearm is separate offense from possession of methamphetamine while armed, and defendant may be sentenced under both.
Criminal Law and Procedure May 17, 2010
Garber v. Superior Court (People)
'Place of residence' exemptions do not apply to firearms charges where defendant used trailer for transportation when encounter with victim occurred.
Criminal Law and Procedure May 16, 2010
People v. Ligons
Prisoner must intend to escape from jail, not just cell, to be convicted of attempting to escape from officer’s custody.
Criminal Law and Procedure May 16, 2010
Maldonado v. Superior Court (People)
Although subject to partial redaction, court compelled pre-trial psychiatric examination for defendant alleging neurocognitive deficits does not violate Fifth Amendment.
Criminal Law and Procedure May 16, 2010
U.S. v. Castagana
Defendant only needs intent to convey false or misleading information indicating activity in violation of anti-terrorism laws to support hoax conviction.
Criminal Law and Procedure May 16, 2010
People v. Ferrer
Trial court improperly denies prosecution motion for continuance where dismissal of the case is reasonably foreseeable result.
Criminal Law and Procedure May 16, 2010
People v. Otubuah
Check forgeries possessed on single occasion that violate autonomy of three victims is subject to three convictions instead of one.
Criminal Law and Procedure May 13, 2010
People v. Hopkins
Amendment to Section 4019 cannot be retroactively applied to prisoners seeking more custody credit.
Criminal Law and Procedure May 12, 2010
In re Calderon
Prisoner is eligible for parole where there is no evidence he poses current risk of dangerousness if released.
Criminal Law and Procedure May 12, 2010
People v. Wyatt
Child abuse homicide requires defendant be aware of facts that would lead reasonable person to realize serious injury would result from conduct.
Criminal Law and Procedure May 11, 2010
People v. Douangpanya
Instruction defining ‘moral turpitude’ as ‘readiness to do evil’ for purposes of impeachment priors does not predispose jury to considering defendant as evil.
Criminal Law and Procedure May 11, 2010
People v. Branch
Defendant’s belief as to victim’s age is not valid defense to attempted pimping of minor charge.
Criminal Law and Procedure May 10, 2010
People v. Otubuah
Check forgeries possessed on single occasion that violate autonomy of three victims is subject to three convictions instead of one.
Criminal Law and Procedure May 10, 2010
Reynolds v. Thomas
Federal Bureau of Prisons’ determination of where prisoner’s federal sentence begins is based only on district, not state, court’s order.
Criminal Law and Procedure May 10, 2010
People v. Contreras
Jury instruction CALCRIM No. 224 properly applied to jury determining whether defendant is mentally disordered offender.
Criminal Law and Procedure May 10, 2010
People v. Lam
Jury is properly instructed with murder instead of aiding and abetting suicide where defendant actively participated in final overt act causing death.
Criminal Law and Procedure May 10, 2010
People v. Norton
Pursuant to retroactive application of amended Penal Code Section 4019, defendant is entitled to additional presentence conduct credit.
Criminal Law and Procedure May 7, 2010