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Name Category Published
People v. Lanzieri
Parolee can be convicted of escape despite procedural irregularity leading to his confinement in community corrections.
Criminal Law and Procedure Sep. 6, 2001
Downey v. People
Defendant who knowingly waives right to counsel and proceeds pro se ordinarily cannot later claim ineffective assistance of counsel against advisory counsel.
Criminal Law and Procedure Sep. 6, 2001
People v. Kazmierski
Once officer's false or reckless statements were stricken from affidavit, remaining information failed to establish probable cause to search defendant's residence.
Criminal Law and Procedure Sep. 6, 2001
People v. Medina
Because police conduct was calculated to induce defendant to confess, subsequent confession was involuntary.
Criminal Law and Procedure Sep. 6, 2001
People v. Cooper
Persons convicted of sex offense committed between July 1, 1996 and Nov. 1, 1998 is subject to discretionary parole as governed by statute.
Criminal Law and Procedure Sep. 6, 2001
People v. Miller
Because defendant failed to successfully complete Youth Offender System sentence as required by statute, Department of Corrections erred in unconditionally discharging him.
Criminal Law and Procedure Sep. 6, 2001
People v. Gholston
Limitations on cross-examination did not violate defendant's due process rights.
Criminal Law and Procedure Sep. 6, 2001
People v. Gregor
Operation of vehicle does not require actual movement for purposes of driving after revocation prohibited statute.
Criminal Law and Procedure Sep. 6, 2001
People v. Guerrero
Court lacked jurisdiction to impose term of probation where deferred sentence had expired.
Criminal Law and Procedure Sep. 6, 2001
Martin v. People
Conviction for sexual offense occurring before enactment of statute subject to discretionary parole not to exceed remainder of maximum sentence of incarceration.
Criminal Law and Procedure Sep. 6, 2001
People v. Schofield
Warrantless arrest permitted to prevent destruction of evidence when misdemeanor is not committed in officer's presence.
Criminal Law and Procedure Sep. 6, 2001
People v. Dubon
Alien who pleaded nolo contendere is deemed to have received advisement of immigration consequences despite lack of official transcript of hearing.
Criminal Law and Procedure Sep. 6, 2001
People v. Solis
Other than one minor sentencing claim, court rejects defendant's challenge to sentencing and sufficiency of evidence.
Criminal Law and Procedure Sep. 6, 2001
People v. Hutchins
Sentence enhancement for using firearm to commit murder did not expose defendant to double punishment for single crime.
Criminal Law and Procedure Sep. 6, 2001
In re Alex M.
When statute underlying delinquency plea is unconstitutional and juvenile violates probation, plea agreement should be vacated and previously dismissed charges reinstated.
Criminal Law and Procedure Sep. 5, 2001
State v. Green
Probative value of defendant's prior convictions occurring 15 years earlier is outweighed by their prejudicial effect.
Criminal Law and Procedure Sep. 5, 2001
In re Joel R.
When pursing fleeing vehicle, statute requires law enforcement officers to use siren or other audible warning only 'as reasonably necessary.'
Criminal Law and Procedure Sep. 5, 2001
People v. Montes
Conviction for 'penetration by foreign object on person under 14' is violent felony under 'three strikes.'
Criminal Law and Procedure Sep. 5, 2001
People v. Stewart
Defendant's right to equal protection violated when two statutes provided different punishments for same offense.
Criminal Law and Procedure Sep. 5, 2001
People v. Saleh
Defendant's use of foot to kick victim did not constitute use of deadly weapon to establish second degree assault.
Criminal Law and Procedure Sep. 5, 2001
People v. Cardenas
No double jeopardy violation occurs when first trial ended in mistrial with no verdict returned.
Criminal Law and Procedure Sep. 5, 2001
People v. Dieguez
Jury instruction was valid, counsel wasn't ineffective and defendant who partially committed crime in two counties may be tried in either.
Criminal Law and Procedure Sep. 3, 2001
State v. Brooks
Court errs in imposing Drug Offender Sentencing Alternative sentence by miscalculating the standard range of defendant's sentence.
Criminal Law and Procedure Sep. 3, 2001
State v. Moon
Conviction is reversed because guilty plea based on misinformation is involuntary.
Criminal Law and Procedure Sep. 3, 2001
State v. Valentine
Conviction for assault and attempted murder stemming from same act violates double jeopardy.
Criminal Law and Procedure Sep. 3, 2001
People v. Davis
Evidence of uncharged sexual offenses with minors are properly admitted in a defendant's trial for committing a lewd act upon a child.
Criminal Law and Procedure Aug. 31, 2001
Hasan v. Galaza
Habeas petition is not untimely if filed within one year of learning of facts giving rise to the claim.
Criminal Law and Procedure Aug. 30, 2001
People v. Buckhalter
Convicted third-strike felon may earn custody credits for actual time served while awaiting resentencing, but other credits are unavailable.
Criminal Law and Procedure Aug. 29, 2001
State v. Vrieling
Search of motor home defendant was driving was not unconstitutional.
Criminal Law and Procedure Aug. 28, 2001
State v. Hurt
Defendant's guilty plea was not voluntary where he was unaware of statutory two-year minimum community placement requirement for vehicular manslaughter.
Criminal Law and Procedure Aug. 28, 2001