| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F037389
|
People v. Superior Court (Almaraz)
Failure to provide certified interpreter does not violate state constitution if interpreter provided is competent. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
A090166
|
People v. Quintana
Evidence of penetration of external genitalia supports conviction for forcible penetration with a foreign object. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S010856
|
People v. Cunningham
California Supreme Court affirms death penalty for defendant found guilty of first-degree murder of robbery victim. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
C036033
|
People v. Byrd
Defendant's sentence did not result in cruel and unusual punishment even though impossible to serve out sentence during his lifetime. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
D033855
|
People v. Corona
Exclusion of incriminating statements isn't appropriate remedy for officer's failure to advise defendant of her right's under international treaty. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S085852
|
Price v. Superior Court (People)
Statute permitting trial in any county where one of several offenses occurred and where defendant and victim are same is constitutional. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S087893
|
People v. McCoy
Aider and abettor may be guilty of greater homicide-related offenses than actual perpetrator committed. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S077866
|
People v. Simon
Defendant accused of felony must bring improper venue objection before trial begins or else forfeit his right to such objection. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S055064
|
Harrott v. County of Kings
Trial court may not classify firearm as series assault weapon unless it has been identified in list published by Attorney General. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S088368
|
People v. Russo
Jury need not agree on specific overt act for conspiracy so long as jurors unanimously find that some overt act occurred. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S085584
|
People v. Vasquez
Vacated child sexual abuse conviction from Texas may be considered for civil commitment purposes under Sexually Violent Predator Act. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S088091
|
People v. Masloski
Plea agreement may provide for increased sentence in event defendant fails to appear for sentencing. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
D032205
|
People v. Cox
Mere lapse in memory is not a defense to the crime of failing to register as a sex offender. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
F030494
|
People v. Sandoval
No contest plea can be set aside if counsel merely repeats formal advisement regarding immigration consequences and there's prejudice. |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
S097459
|
People v. Porter
Order |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
00CA1083
|
People v. Nishikawa
Addition of felony charge did not terminate surety obligation of bondsman. |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
98-0131
|
State v. Espinosa
Petition for post-conviction relief based on prosecutor's withdrawal of plea offer is precluded by petitioner's failure to raise argument before or at trial. |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
99-10478
|
U.S. v. King
Guilty plea for mail fraud was properly accepted by court where sufficient evidence to indicate guilt was present. |
Criminal Law and Procedure |
|
Aug. 6, 2001 | |
|
96-30333
|
U.S. v. Kyllo
Thermal imaging of residence is a search within meaning of Fourth Amendment. |
Criminal Law and Procedure |
|
Aug. 6, 2001 | |
|
45408-1-I
|
State v. Argueta
Defendant cannot be convicted of eluding police vehicle that was not appropriate marked with insignia. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
25510-3-II
|
State v. Leavitt
Court's failure to inform defendant of details of firearm-possession prohibition violated defendant's due process rights regarding subsequent possession convictions. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
19322-5-III
|
State v. Scherz
Threatened use of deadly weapon unaccompanied by physical manifestation of presence of weapon is second-degree robbery. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
24802-6-II
|
State v. Johnston
Evidence obtained from warrantless search of arrestee's car should have been suppressed because no warrant requirement exception applied. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
25242-2-II
|
State v. Spandel
Trial court doesn't err in imposing firearm and nonfirearm deadly weapon sentencing enhancements consecutively. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
26150-2-II
|
State v. Summers
Defendant's challenge to jury instructions, charging information, sufficiency of the evidence, and his ineffective assistance of counsel claim all fail. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
17721-1-III
|
State v. Munguia
Court made proper evidentiary rulings, no prosecutorial misconduct occurred and selective prosecution claim cannot first be raised on appeal. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
69876-7
|
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
18874-4-III
|
State v. Morreira
Sentence improperly took into account facts establishing more serious crime. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
19347-1-III
|
State v. Bosio
Where State fails to prove blood sample was preserved, conviction for vehicular assault must be reversed. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
B118891
|
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile. |
Criminal Law and Procedure |
|
Aug. 3, 2001 |