| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D034948
|
People v. Weise
Police may enter residence when loud music played for 24 hours led to concern that inhabitants were in danger. |
Criminal Law and Procedure |
|
Aug. 2, 2001 | |
|
98CA0890
|
People v. Waddell
Second degree burglary conviction improper where defendant did not unlawfully enter residence. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA1048
|
People v. Lesslie
Defense of execution of public duty not available to deputy sheriff accused of illegal eavesdropping. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA0576
|
People v. Richards
Conviction for providing false information to pawnbroker upheld. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA0668
|
People v. Williams
No due process violation where defendant requested jury instruction on lesser non-included offenses. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA1582
|
People v. Barnum
Hearsay statement is inadmissible without showing declarant is unavailable. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA2349
|
People v. Boyd
Mandatory parole statute is rationally related to legitimate governmental interest. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
B144625
|
Thompson v. Superior Court (People)
California law does not require proof of prior three strikes convictions at preliminary hearing. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
98CA1517
|
People v. Gay
Statements of defendant must be voluntary to be used even for impeachment purposes. |
Criminal Law and Procedure |
|
Jul. 30, 2001 | |
|
99CA1325
|
People v. Martinez
Advisement of prospective jurors of possible death penalty did not deprive defendant of fair and impartial trial.Colorado Court of Appeals. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
19373-0-III
|
State v. Lopez
Because defense counsel didn't challenge state's failure to prove defendant had previous serious conviction, defendant's unlawful possession of firearm conviction is reversed. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
70213-6
|
State v. Reynolds
Defendant failed to prove involuntarily abandonment of property where he did not show substantial nexus between abandonment and alleged illegal police conduct. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
66693-8
|
State v. Marshall
Where defendant moves to withdraw guilty plea with evidence that he was incompetent, court must either grant motion or convene competency hearing. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
B126748
|
People v. Toledo
Victim need neither hear threat nor have sustained fear for accused to be guilty of attempted terrorist threat. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
00-30191
|
United States v. Morales
Anonymous tip was not reliable enough to establish reasonable suspicion that defendant was engaged in criminal activity. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
99-35516
|
Mak v. FBI
Without proper demand from state court, FBI does not have to disclose identities of informants to capital defendant. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
S079744
|
People v. Ansell
State law denying 'certificates of rehabilitation' to convicted child molesters enacted after crime was committed does not violate ex post facto principles. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
00-8055
|
US v. Browning
Police had probable cause to stop defendant and his incriminating statements to DEA agents weren't inadmissible as statements made during plea negotiations. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
S083305
|
People v. Cheek
At show cause hearing, defendant committed as sexually violent predator has right to present oral testimony, call witnesses and cross-examine State's witnesses. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
99-10219
|
United States v Steffen
Inducing another to cross state lines to fraudulently deliver money is travel fraud, even if money did not belong to person defrauded. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
00-35152
|
Alvarado v. Hill
Oregon law requiring 17-year old to be tried as adult for robbery is constitutional. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
S085899
|
Albertson v. Superior Court( People of State of California)
District Attorney's request to update evaluations for defendant's trial under Sexually Violent Predator Act is controlled by newly enacted amendments to Act. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
00-35275
|
Grassi v. Hood
Court errs in granting petition for early release when offense is not considered nonviolent and is therefore, categorically excluded from early release provision. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
00-15034
|
Patterson v. Stewart
Federal habeas petition is timely when credited with statutory tolling under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
97-50588
|
U.S. v. Arlt
Defendant who engaged in single drug conspiracy may be convicted simultaneously under two criminal statutes. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
00-50220
|
U.S. v. Hernandez
Court provided sufficient notice of its intent to depart upward at sentencing when it explained its factual and legal reasons to defendant. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
S081934
|
People v. Garcia
Among other things, defendant must have actual knowledge of sex offender registration requirement in order to violate statute. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
00-0444
|
State v. Thompson
Sentence enhancements for 'historical prior felony conviction' is proper when convictions on drug offenses preceded theft conviction. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
99-0852
|
State v. Garcia
Court abused its discretion by failing to consider prejudice to defendant before allowing evidence relating to uncharged acts of child molestation. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
98-0289
|
State v. Harrod
Conviction and death sentence for premeditated murder and felony murder are affirmed because there were no evidentiary errors. |
Criminal Law and Procedure |
|
Jul. 23, 2001 |