| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S111309
|
People v. Betts
Trial court should determine whether it has jurisdiction to adjudicate charge of crime committed outside of state. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
C045006
|
People v. Morgan
Caller's reliable, non-assertive statements to police are admissible over a hearsay objection. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
B172763
|
People v. Watson
Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
03-55045
|
Buckley v. Terhune
State court fact-finding at habeas hearing that rested solely on written record is entitled to presumption of correctness. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
03-30127
|
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
03-35738
|
Henderson v. Lampert
Petitioner's failure to appeal dismissal of first habeas petition precludes him from challenging dismissal in second petition. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
F044512
|
People v. Parras
Trial court's jury instruction on voluntary manslaughter without intent to kill was appropriate. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
F043820
|
People v. Jackson
Defendant is guilty of robbery even though victim was unaware any property had been stolen until defendant fled scene. |
Criminal Law and Procedure |
|
Aug. 4, 2005 | |
|
S030644
|
People v. Roldan
Denial of continuance in death penalty case was proper in light of defendant's attempt to manufacture delay. |
Criminal Law and Procedure |
|
Aug. 3, 2005 | |
|
F044412
|
People v. Enos
Court may impose separate fines for several cases disposed of at single sentencing hearing. |
Criminal Law and Procedure |
|
Aug. 3, 2005 | |
|
B177372
|
People v. McElwee
Prosecutor's agreement to reduce defendant's offense did not bar him from arguing against parole. |
Criminal Law and Procedure |
|
Aug. 3, 2005 | |
|
B175297
|
People v. Smith
Prophylactic procedures required in appeal by indigent criminal defendant do not apply to appeal of commitment under Mentally Disordered Offender statute. |
Criminal Law and Procedure |
|
Aug. 3, 2005 | |
|
D043758
|
People v. Garrido
Failure by defendant to renew motion to suppress evidence after denial of motion and subsequent guilty plea renders motion nonappealable. |
Criminal Law and Procedure |
|
Aug. 3, 2005 | |
|
B170355
|
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth. |
Criminal Law and Procedure |
|
Aug. 3, 2005 | |
|
F044512
|
People v. Parras
Trial court's jury instruction on voluntary manslaughter without intent to kill was appropriate. |
Criminal Law and Procedure |
|
Aug. 2, 2005 | |
|
S035367
|
People v. Harrison
Prosecutor's religious comments during guilt phase did not constitute prosecutorial misconduct. |
Criminal Law and Procedure |
|
Aug. 2, 2005 | |
|
S082299
|
In re Sakarias
Prosecutor's use of inconsistent factual theories in separate trials of co-defendants requires vacation of death sentence. |
Criminal Law and Procedure |
|
Aug. 2, 2005 | |
|
B170486
|
People v. Washington
Defendants who forced bank manager to move 25 feet to open vault are not guilty of kidnapping for purpose of robbery. |
Criminal Law and Procedure |
|
Aug. 2, 2005 | |
|
S130542
|
People v. Oliver
Substantial evidence exists that pursuing police vehicle displayed at least one lighted red lamp and was distinctively marked. |
Criminal Law and Procedure |
|
Aug. 1, 2005 | |
|
S026040
|
People v. Vieira
Defendant cannot be sentenced to death for conspiracy to commit murder. |
Criminal Law and Procedure |
|
Aug. 1, 2005 | |
|
03-17214
|
Pham v. Terhune
Convicted murderer was entitled lab reports about gunshot residue on second shooter. |
Criminal Law and Procedure |
|
Jul. 31, 2005 | |
|
02-10197
|
U.S. v. Hickey
Because none of defendant's contentions raise colorable claim under collateral order doctrine, appeals are dismissed for lack of jurisdiction. |
Criminal Law and Procedure |
|
Jul. 31, 2005 | |
|
02-16944
|
Barapind v. Enomoto
Court determining whether offenses were political must focus on motivation for acts. |
Criminal Law and Procedure |
|
Jul. 31, 2005 | |
|
04-50105
|
U.S. v. Garcia
Aiding and abetting alien smuggling is same offense as substantive offense of alien smuggling, premised on different theory of liability. |
Criminal Law and Procedure |
|
Jul. 31, 2005 | |
|
E034552
|
People v. Garcia
District attorneys are not independently empowered to initiate civil commitment proceedings under Mentally Disordered Offender Act. |
Criminal Law and Procedure |
|
Jul. 31, 2005 | |
|
G033588
|
People v. Aegis Security Insurance Co.
Erroneous date in notice of forfeiture did not deprive court of jurisdiction to enter judgment. |
Criminal Law and Procedure |
|
Jul. 31, 2005 | |
|
02-56895
|
Garcia v. Carey
Evidence that gang member committed robbery on gang turf is not sufficient for gang enhancement. |
Criminal Law and Procedure |
|
Jul. 26, 2005 | |
|
01-99011
|
Allen v. Woodford
Defense counsel's failure to present mitigating witness testimony is harmless error due to overwhelming evidence of defendant's guilt. |
Criminal Law and Procedure |
|
Jul. 26, 2005 | |
|
04-30243
|
U.S. v. Marquez
Random, additional screening procedure at airport is reasonable under Fourth Amendment. |
Criminal Law and Procedure |
|
Jul. 26, 2005 | |
|
E035174
|
People v. Wahlert
Admission of pretext call statements made against defendant was harmless error. |
Criminal Law and Procedure |
|
Jul. 26, 2005 |