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Name Category Published
People v. Robertson
Grossly negligent discharge of firearm cannot serve as predicate offense for felony murder. 		Criminal Law and Procedure Aug. 19, 2004
Ebbert v. Superior Court (City of San Diego)
Protective order limiting use of information disclosed by grant of 'Pitchess' motion doesn't encompass derivative information obtained from use of 'Pitchess' motion information. 		Criminal Law and Procedure Aug. 19, 2004
People v. Valdez
Criminal negligence mens rea is appropriate standard for felony child endangerment crime. 		Criminal Law and Procedure Aug. 17, 2004
People v. Valdez
Order 		Criminal Law and Procedure Aug. 17, 2004
Cooper v. Rimmer
Death row inmate's emergency motion to stay execution is denied. 		Criminal Law and Procedure Aug. 16, 2004
U.S. v. Sioux
Evidence Rule 413 permits admission of evidence detailing sexual misconduct that occurred after event giving rise to trial. 		Criminal Law and Procedure Aug. 16, 2004
In re Morris
Petitioner's petition for writ of mandamus is denied because district court has not ruled on his motion to amend his habeas petition. 		Criminal Law and Procedure Aug. 16, 2004
People v. Pre
Evidence is abundantly sufficient to support defendant's conviction for torture. 		Criminal Law and Procedure Aug. 15, 2004
U.S. v. Carreno
Sentence enhancement for creation of substantial risk of death or serious bodily harm was supported by evidence. 		Criminal Law and Procedure Aug. 15, 2004
People v. Sykes
Court did not err in permitting victim to testify she had knowledge of defendant's previous bank robbery convictions. 		Criminal Law and Procedure Aug. 13, 2004
People v. Langston
Defendant with prior prison term for escape while in state prison is not subject to sentence enhancement. 		Criminal Law and Procedure Aug. 13, 2004
People v Ault
Defendant granted new trial after prosecution fails to rebut prejudicial presumption of serious jury misconduct. 		Criminal Law and Procedure Aug. 13, 2004
Shaw v. Terhune
Prosecutions of two defendants arising from single instance of firearm use did not lead to constitutional violation. 		Criminal Law and Procedure Aug. 10, 2004
People v. Hardacre
Speed trap exclusionary rules do not apply to prosecutions for driving under influence. 		Criminal Law and Procedure Aug. 10, 2004
People v. Smith
Registered sex offender who mailed change of address notice to police was not required to ensure it was received. 		Criminal Law and Procedure Aug. 10, 2004
Moore v. Superior Court (People)
'Washout' provision of Proposition 36 commences at time of commission rather than conviction of crime. 		Criminal Law and Procedure Aug. 10, 2004
People v. Powers
Defendant who falsified fishing logs may be criminally liable for filing false instrument with public office. 		Criminal Law and Procedure Aug. 9, 2004
Johnson v. U.S.
District court correctly held that petitioner's second petition under 28 U.S.C. Section 2255 should not be dismissed and properly ruled on its merits. 		Criminal Law and Procedure Aug. 9, 2004
People v. Montoya
Vehicle theft is not lesser included offense of carjacking because theft requires asportation of vehicle while carjacking does not. 		Criminal Law and Procedure Aug. 6, 2004
People v. Griffin
Holding victim's arms to the ground by her shoulders while defendant inserted his penis into her vagina did not constitute forcible rape. 		Criminal Law and Procedure Aug. 6, 2004
People v. Gonzalez
Conviction of defendant for use and possession of false compartment to hide drugs was based on substantial evidence. 		Criminal Law and Procedure Aug. 5, 2004
People v. Hernandez
Reversal is not required where trial court should have bifurcated trial of gang enhancement from trial of underlying offenses. 		Criminal Law and Procedure Aug. 5, 2004
People v. Gomez
Defendant's suppression motion was properly denied despite unduly prolonged detention because probable cause existed to support de facto arrest. 		Criminal Law and Procedure Aug. 5, 2004
People v. Leal
Response, which may be interpreted as adoptive admission, was properly admissible since it was not made during custodial interrogation. 		Criminal Law and Procedure Aug. 4, 2004
U.S. v. Lewis
Interlocutory appeal of defendant's fair warning claim is dismissed for lack of jurisdiction. 		Criminal Law and Procedure Aug. 3, 2004
In re Cortinas
Prison board's finding that convicted murderer was unsuitable for parole was supported by 'some evidence.' 		Criminal Law and Procedure Jul. 30, 2004
People v. Schaefer
Court did not err in refusing to submit to jury question of whether operating drug lab was inherently dangerous felony. 		Criminal Law and Procedure Jul. 30, 2004
City of San Diego v. Kevin B.
Failure to take defendant into custody for evaluation prohibits forfeiture of firearms found in his home under Welfare code. 		Criminal Law and Procedure Jul. 30, 2004
People v. Ary
Trial court should have held competency hearing because substantial evidence of defendant's incompetence was introduced during pretrial proceedings. 		Criminal Law and Procedure Jul. 30, 2004
People v. Zichko
Plaintiff's verbal threats were not admissions, but rather were crime of making criminal threat with which plaintiff was charged. 		Criminal Law and Procedure Jul. 30, 2004
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