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Name Category Published
People v. Stewart
Defendant may not challenge prison sentence that allegedly violated plea bargain without certificate of probable cause. 		Criminal Law and Procedure Jul. 12, 2001
People v. Tafoya
Jury properly finds defendant guilty of obstructing telephone line or apparatus connected therewith based on removal of battery from cordless phone. 		Criminal Law and Procedure Jul. 12, 2001
Collins v. Superior Court (People)
Defendant who lies at deposition does not commit perjury unless the document is delivered. 		Criminal Law and Procedure Jul. 12, 2001
People v. Salas
Personal-use-of-firearm sentence enhancement cannot be applied unless it is determined that defendant actually used firearm in commission of offense. 		Criminal Law and Procedure Jul. 12, 2001
People v. Coelho
If court cannot determine beyond reasonable doubt facts jury relied on, it should assume facts that allow discretion to impose concurrent term. 		Criminal Law and Procedure Jul. 12, 2001
People v. Chavez
Resentencing of defendant which included period of parole did not violate his double jeopardy rights. 		Criminal Law and Procedure Jul. 11, 2001
U.S. v. Iiland
Government did not offer sufficient evidence to sustain conviction for possession of firearm in furtherance of drug trafficking. 		Criminal Law and Procedure Jul. 11, 2001
Simpson v. Bouker
Penalty and criminal conviction for failure to pay tax on large amounts of marijuana do not violate Double Jeopardy Clause. 		Criminal Law and Procedure Jul. 10, 2001
Navarro v. People
Trial court erred in admitting hearsay statements under co-conspirator exception where there is no evidence that defendant conspired with drug dealer. 		Criminal Law and Procedure Jul. 10, 2001
State of Arizona v. Sansing
Among other things, defendant's challenge to sentencing court's finding of aggravating and mitigating factors is without merit. 		Criminal Law and Procedure Jul. 10, 2001
Van Buskirk v. Baldwin
Statute establishes due diligence predicate to actual innocence claims, thus, procedural default that could've been discovered through due diligence cannot be excused. 		Criminal Law and Procedure Jul. 9, 2001
Tyler v. Cain
Law passed after prisoner's conviction does not justify second habeas petition because Supreme Court did not hold that law was retroactive. 		Criminal Law and Procedure Jul. 9, 2001
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad. 		Criminal Law and Procedure Jul. 9, 2001
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge. 		Criminal Law and Procedure Jul. 9, 2001
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution. 		Criminal Law and Procedure Jul. 9, 2001
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic. 		Criminal Law and Procedure Jul. 9, 2001
Garden Grove Police Dept. v. Superior Court (Reimann)
Court abuses discretion in ordering disclosure of police officers' birth dates to district attorney without requiring defendant to file 'Pitchess' motion. 		Criminal Law and Procedure Jul. 9, 2001
People v. Eccleston
Admitting hearsay testimony of molested child under age 12 does not violate defendant's constitutional right to confront witnesses. 		Criminal Law and Procedure Jul. 9, 2001
People v. Stevens
Sentencing court has authority to compel defendant to report to parole office upon release from prison. 		Criminal Law and Procedure Jul. 9, 2001
People v. Salazar-Merino (Salazar-Merino)
Penal Code Section 114, which provides that person using false documents to conceal true citizenship shall be punished by imprisonment, is constitutional. 		Criminal Law and Procedure Jul. 9, 2001
Cooley v. Superior Court (Edwards)
Probable cause hearing required for petition to recommit individual as sexually violent predator. 		Criminal Law and Procedure Jul. 9, 2001
People v. Cuevas
Three strikes sentence of 85 years to life was not excessive where defendant committed violent crimes and had serious criminal history. 		Criminal Law and Procedure Jul. 9, 2001
State v. Pope
Defendant can be convicted of felony bail jumping for failure to appear at probation hearing. 		Criminal Law and Procedure Jul. 6, 2001
U.S. v. Garcia
Under Antiterrorism and Effective Death Penalty Act, federal conviction becomes final 90 days after time for filing certiorari petition expires. 		Criminal Law and Procedure Jul. 4, 2001
People v. Shipley
Defendant convicted under special offender statute is ineligible for probation or community service. 		Criminal Law and Procedure Jul. 3, 2001
People v. Vang
Gang members who sprayed bullets into occupied apartment during drive-by shooting did have deliberate intent to murder everyone inside structure. 		Criminal Law and Procedure Jul. 3, 2001
People v. Carrillo
Court correctly determines it does not have discretion to conditionally dismiss strike allegations pursuant to Penal Code Section 1385. 		Criminal Law and Procedure Jul. 3, 2001
People v. Sandoval
Prosecutor must make reasonable effort to obtain trial appearance of crucial witness who resides in Mexico. 		Criminal Law and Procedure Jul. 3, 2001
People v. Murphy
Court should apply Three Strikes Law and habitual sexual offender statute in sentencing defendant who meets criteria of both. 		Criminal Law and Procedure Jul. 3, 2001
State v. Barker
Oregon police officer did not have authority of law to arrest intoxicated driver in Washington. 		Criminal Law and Procedure Jul. 2, 2001
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