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Name Category Published
People v. Baird
Crime of distributing child pornography to minor is punishable as felony. 		Criminal Law and Procedure Jul. 26, 2004
People v. Toney
Penal Code Section 1538.5's prohibition on refiling dismissed charges does not bar reinstatement of complaint under Section 871.5. 		Criminal Law and Procedure Jul. 26, 2004
People v. Posey
Venue is question of law for court to be decided prior to trial. 		Criminal Law and Procedure Jul. 26, 2004
Jones v. Superior Court (People)
Proposition 115 reciprocal discovery provisions set forth in Criminal Discovery Statute do not apply in probation revocation hearing. 		Criminal Law and Procedure Jul. 26, 2004
State v. Blakely
State did not violate defendant's plea agreement by presenting evidence supporting exceptional sentence. 		Criminal Law and Procedure Jul. 26, 2004
People v. Cleveland
In death penalty case, defendants' argument that bifurcated trial was prejudicial error was rejected. 		Criminal Law and Procedure Jul. 26, 2004
Centeno v. Superior Court (People)
Trial court must consider whether proposed tests of defendant are reasonably related to issue of mental retardation. 		Criminal Law and Procedure Jul. 26, 2004
Summerlin v. Stewart
Defendant's murder conviction is affirmed but death sentence is vacated. 		Criminal Law and Procedure Jul. 26, 2004
People v. Wallace
Trial court abused its discretion by striking prior conviction that constituted defendant's second strike. 		Criminal Law and Procedure Jul. 26, 2004
People v. Sumahit
Expert evaluation of defendant's propensity to commit future sexual offenses is sufficient to warrant commitment. 		Criminal Law and Procedure Jul. 25, 2004
Foley v. Superior Court (People)
City law outlawing attendance at illegal street races is not pre-empted by Vehicle Code. 		Criminal Law and Procedure Jul. 25, 2004
People v. Shakhvaladyan
Where there is no evidence that siren was activated or officer wore distinctive uniform, conviction for evading pursuing officer is reversed. 		Criminal Law and Procedure Jul. 25, 2004
People v. Blake
Chemical spray used by appellant to disable victims during robbery considered dangerous weapon. 		Criminal Law and Procedure Jul. 25, 2004
People v. Canty
Defendant convicted in same proceeding of both transporting controlled substance and driving while under influence isn't eligible for disposition under Proposition 36. 		Criminal Law and Procedure Jul. 25, 2004
Kilroy v. State
Factual findings in prior judicial opinion are not proper subject of judicial notice. 		Criminal Law and Procedure Jul. 25, 2004
People v. Casper
Court must impose consecutive sentences for felony counts despite dismissal of strike allegations. 		Criminal Law and Procedure Jul. 25, 2004
People v. Stewart
Multiple-victims provision of one strike law applies so long as offenses against each victim is prosecuted in single case. 		Criminal Law and Procedure Jul. 25, 2004
People v. Hester
Police who stopped motorist believed to be involved in gang activity lacked probable cause to search vehicle. 		Criminal Law and Procedure Jul. 25, 2004
Arroyo v. Superior Court (People)
Court may not continue felony defendant's trial beyond statutory period to maintain joinder with co-defendant absent fact-finding and balancing of interests. 		Criminal Law and Procedure Jul. 25, 2004
People v. Jefferson
Evidence of insanity is not admissible in guilt phase to alter reasonable person standard for defense of self-defense. 		Criminal Law and Procedure Jul. 25, 2004
People v. Holloway
Defendant's conviction and death sentence for first-degree murder are affirmed. 		Criminal Law and Procedure Jul. 25, 2004
People v. Kellogg
Public intoxication statute is not cruel and unusual when applied to homeless alcoholic because it punishes conduct, not condition. 		Criminal Law and Procedure Jul. 25, 2004
People v. Mullens
Where court admits propensity evidence of defendant's uncharged sex offense, it must also admit evidence of acquittal for that offense. 		Criminal Law and Procedure Jul. 25, 2004
People v. Taylor
Defendant who punched pregnant girlfriend is guilty of murder of prematurely-born child. 		Criminal Law and Procedure Jul. 25, 2004
People v. Glass
Defendant is subject to five-year sentence enhancement for committing enumerated sex crimes on young victim. 		Criminal Law and Procedure Jul. 23, 2004
People v. Morton
Substantial evidence does not support community caretaking exception to search warrant requirement. 		Criminal Law and Procedure Jul. 23, 2004
People v. Juarez
Court's decision to require waiver of time-served credits was result of exercise of discretion and not standard practice. 		Criminal Law and Procedure Jul. 23, 2004
People v. Spurlock
Creation of child pornography and child sexual exploitation statutes may apply to exhibition of partially clothed genitals. 		Criminal Law and Procedure Jul. 23, 2004
People v. Powell
Counsel may waive jury trial over client's objection in commitment extension trial pursuant to Penal Code Section 1026.5. 		Criminal Law and Procedure Jul. 23, 2004
People v. Alistar Insurance Co.
Surety established good cause for extending 180-day forfeiture period for two bail bonds it issued. 		Criminal Law and Procedure Jul. 23, 2004
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