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Name Category Published
In re Cluff
Court abuses discretion in denying defendant's motion to strike one or more of his priors.
Criminal Law and Procedure Jun. 29, 2001
People v. Superior Court (Preciado)
State fulfilled due process requirements when it conducted mandatory psychiatric examinations of sexually violent predator before prior commitment expired.
Criminal Law and Procedure Jun. 29, 2001
People v. Zepeda
Wiretap of defendant's jail cell phone, admission of prior offenses, and sentence for firearm discharge do not violate constitutional rights.
Criminal Law and Procedure Jun. 29, 2001
People v. Protsman
Expert testimony is properly excluded at trial if no consensus regarding new scientific technique exists.
Criminal Law and Procedure Jun. 28, 2001
United States v. $22,474.00
Sophisticated dog sniff and admission of cocaine trafficking conviction provide sufficient probable cause to assume money seized was drug-related.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Rivera-Sanchez
Violation of California Health and Safety Code did not reach level of aggravated felony for sentencing purposes.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Morris
Defendant cannot be convicted of five counts of brandishing firearm based on two armed robberies.
Criminal Law and Procedure Jun. 28, 2001
Gonzales v. McKune
Although admission of hearsay confession and state's suppression of exculpatory evidence were improper, error was harmless.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Davidson
Defendant's conduct that was not state law enumerated offense when he committed federal crime cannot be compelled to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Sigmond-Ballesteros
Border patrol agent was not justified in stopping motorist who shielded face after having light shone into vehicle.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Saya
Among other things, court does not abuse discretion in denying motion for new trial based on juror misconduct.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Silva
Police did not violate fourth amendment where defendants did not have reasonable expectation of privacy in shed that was searched.
Criminal Law and Procedure Jun. 28, 2001
Luke W., a Minor
Unconventional pocketknife is not prohibited 'dirk or dagger' under Penal Code Section 12020.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Miles
Officer goes beyond lawful patdown search when he moves and shakes small box in suspect's jacket to determine its contents.
Criminal Law and Procedure Jun. 28, 2001
Miles v. Atherton
Order
Criminal Law and Procedure Jun. 28, 2001
Zichko v. State
Defendant may challenge expired rape conviction while in custody for failing to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Gaither
Guilty plea given during course of judge's colloquy was not improper where questioning was not coercive.
Criminal Law and Procedure Jun. 28, 2001
People v. Labaer
Stripped-down mobile home is structure within meaning of arson statute.
Criminal Law and Procedure Jun. 28, 2001
Gross v. Pirtle
Deputy is entitled to qualified immunity in excessive force claim because 'kicking very hard' doesn't conflict with Fourth Amendment reasonableness standard.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Dwyer
Possession of unregistered firearm is crime of violence and defendant's sentence may be enhanced for such violation.
Criminal Law and Procedure Jun. 28, 2001
People v. Martinez
Defendant's right to privacy under both California Constitution and patient-psychotherapist privilege is not violated by use of his psychological records and evaluations.
Criminal Law and Procedure Jun. 28, 2001
People v. Murphy
Imposition of three strikes law against defendant with mental disorder is not cruel and unusual punishment.
Criminal Law and Procedure Jun. 28, 2001
People v. Ngoun
Gang member who perpetrated, rather than aided or abetted, murder is eligible for increased sentence based on participation in street gang.
Criminal Law and Procedure Jun. 28, 2001
People v. Stanfill
Wrong jury instruction on statute of limitation for lesser, misdemeanor offense violates defendant's right to due process and fair trial.
Criminal Law and Procedure Jun. 28, 2001
People v. Williams
Trial court's failure to commence trial prior to statutory deadline doesn't preclude court from retaining jurisdiction of case.
Criminal Law and Procedure Jun. 28, 2001
People v. Watts
Prosecution of two individuals for same crime is allowed when probable cause exists to support charges against each.
Criminal Law and Procedure Jun. 28, 2001
People v. Hove
Order to pay victim full restitution for criminal conduct, even though victim's medical expenses are covered by medical benefits, is proper.
Criminal Law and Procedure Jun. 28, 2001
People v. Ryan
Father, convicted of child abduction, is not prejudiced by court's failure to define 'abandonment' and 'right of custody' for jury.
Criminal Law and Procedure Jun. 28, 2001
People v. Davis
Defendant properly sentenced to three concurrent terms of 25 years to life under three strikes legislation based on two prior convictions of rape in consort.
Criminal Law and Procedure Jun. 28, 2001
People v. Dacayana
Sexually Violent Predators Act doesn't require finding that offense is predatory, and Act's certification process doesn't require advisement of Miranda rights.
Criminal Law and Procedure Jun. 28, 2001