| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D046582
|
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. |
Criminal Law and Procedure |
|
Oct. 2, 2006 | |
|
C048825
|
People v. Chance
Where defendant was not pointing gun at officer, no substantial evidence supports conviction for assault with firearm on peace officer. |
Criminal Law and Procedure |
|
Oct. 2, 2006 | |
|
F046915
|
People v. Castro
Anonymous tip that includes some basis for tipster's knowledge, coupled with alleged threat to another person's safety, justifies 'Terry' traffic stop. |
Criminal Law and Procedure |
|
Sep. 27, 2006 | |
|
G035130
|
People v. Pilster
Court's failure to instruct jury to consider defendant's pre-arrest statement only on issue of credibility was erroneous, but harmless. |
Criminal Law and Procedure |
|
Sep. 27, 2006 | |
|
A105042
|
People v. Oliver
Substantial evidence exists that pursuing police vehicle displayed at least one lighted red lamp and was distinctively marked. |
Criminal Law and Procedure |
|
Sep. 26, 2006 | |
|
G032369
|
People v. Lamont
Trial court erroneously denied suppression motion of passenger in vehicle that was illegally stopped. |
Criminal Law and Procedure |
|
Sep. 26, 2006 | |
|
D045846
|
People v. Sandoval
Court abused its discretion in denying offender's motion to withdraw his guilty plea where evidence indicated plea was coerced. |
Criminal Law and Procedure |
|
Sep. 26, 2006 | |
|
S072946
|
People v. Gonzalez
Prosecutor's failure to provide discovery of its rebuttal evidence required reversal of convict's death sentence. |
Criminal Law and Procedure |
|
Sep. 25, 2006 | |
|
F046611
|
People v. Manila
Defendant's double punishment is not proper where evidence did not demonstrate that more than one criminal act occurred pursuant to Penal Code. |
Criminal Law and Procedure |
|
Sep. 25, 2006 | |
|
S120238
|
People v. Modiri
Group beating principles in jury instruction did not negate requirement that defendant personally inflict great bodily harm on victim. |
Criminal Law and Procedure |
|
Sep. 25, 2006 | |
|
S126233
|
People v. Warner
Defendant is not subject to sentence enhancement where it is not shown that prior crime amounted to serious felony. |
Criminal Law and Procedure |
|
Sep. 25, 2006 | |
|
05-16881
|
Rose v. Mayberg
In SVP case, writ of habeas corpus is properly denied where finding of complete inability to control one's behavior is not required. |
Criminal Law and Procedure |
|
Sep. 22, 2006 | |
|
05-10349
|
U.S. v. McWeeney
Party consented to search by allowing officer to 'look' in car, but officer cannot coerce party into believing consent cannot be revoked. |
Criminal Law and Procedure |
|
Sep. 22, 2006 | |
|
05-10037
|
U.S. v. Feingold
Two-point reduction under certain U.S.S.G. Section 2D1.1(b)(7) is available to defendants regardless of whether their offense carries mandatory minimum. |
Criminal Law and Procedure |
|
Sep. 22, 2006 | |
|
G035387
|
People v. Ranger Insurance Co.
Bail bond was properly forfeited when fugitive defendant failed to appear in court, even though bond was not labeled as fugitive bond. |
Criminal Law and Procedure |
|
Sep. 12, 2006 | |
|
C047855
|
People v. Arnett
In light of defendant's waiver, trial court properly assumed responsibility of determining whether current offense was serious felony. |
Criminal Law and Procedure |
|
Sep. 12, 2006 | |
|
C048738
|
People v. Moniz
Offender was ineligible for Proposition 36 treatment where conviction for concealment of evidence was misdemeanor not related to use of drugs. |
Criminal Law and Procedure |
|
Sep. 12, 2006 | |
|
D045846
|
People v. Sandoval
Court abused its discretion in denying offender's motion to withdraw his guilty plea where evidence indicated plea was coerced. |
Criminal Law and Procedure |
|
Sep. 12, 2006 | |
|
S130174
|
People v. Thompson
Strong evidence of DUI and fear that evidence will be imminently destroyed justify warrantless entry into home to arrest DUI suspect. |
Criminal Law and Procedure |
|
Sep. 11, 2006 | |
|
B185902
|
People v. Romero
Evidence created reasonable inference that offender possessed specific intent to further gang member's criminal conduct thereby justifying gang enhancement. |
Criminal Law and Procedure |
|
Sep. 11, 2006 | |
|
S129755
|
People v. Standish
Failure to grant defendant own recognizance (OR) release pending preliminary examination did not deny substantial right where error did not affect hearing's outcome. |
Criminal Law and Procedure |
|
Sep. 11, 2006 | |
|
B165662
|
People v. Lai
Defendant's sentence for theft may be increased by consecutive term in Penal Code Section 186.11(a)(3) but not by enhancement in Section 12022.6(a). |
Criminal Law and Procedure |
|
Sep. 8, 2006 | |
|
C051110
|
People v. Sanghera
Sufficient evidence existed to support burglary conviction where offender knowingly entered house with intent to obtain clothing to disguise himself. |
Criminal Law and Procedure |
|
Sep. 8, 2006 | |
|
05-30112
|
U.S. v. Kilby
Sentence for drug-related conviction was improper where court used unreliable method of approximating amount of drugs attributable to offender. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
S131048
|
People v. Shabazz
Convict sentenced to life imprisonment for first degree murder was also subject to sentence enhancement of 25 years to life. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
02-50618
|
U.S. v. Johnson
In bank robbery case, defendant's motion for acquittal was properly denied where evidence supports charge that guns were used during robbery. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
S122590
|
In re Freeman
Habeas petitioner failed to demonstrate that judge and prosecutor assigned to his murder trial colluded to excuse Jewish prospective jurors from jury. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
B180004
|
People v. Walker
In murder case, evidence of prior sexual assaults to prove propensity was improperly admitted where defendant was not accused of sexual offense. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
S119230
|
People v. Johnson
Prosecution did not meet its burden of proving justification for warrantless search by presenting affidavit of officer in lieu of live testimony. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
B185161
|
People v. Saunoa
Trial court lacked jurisdiction to retry defendant before issuance of remittitur. |
Criminal Law and Procedure |
|
Sep. 7, 2006 |