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Name Category Published
People v. Allen
Trial court's failure to inquire into state's use of peremptory challenge requires reversal.
Criminal Law and Procedure Jul. 28, 2004
People v. Putnam
Court wasn't required to give additional instructions requiring jury to find defendant was unable to control his violent behavior.
Criminal Law and Procedure Jul. 28, 2004
People v. Vanegas
Erroneous jury instruction regarding 'implied malice' requires reversal of second-degree murder conviction.
Criminal Law and Procedure Jul. 28, 2004
People v. Pena
Oral argument waiver notice used by court of appeal has potential to improperly and unduly dissuade parties from presenting oral argument.
Criminal Law and Procedure Jul. 28, 2004
People v. Little
Before court accepted defendant's stipulation, defendant should have been advised of his constitutional rights and waivers obtained.
Criminal Law and Procedure Jul. 28, 2004
People v. Laiwala
Defendant who stole portion of DVD scrambling program is not guilty of trade secret theft.
Criminal Law and Procedure Jul. 28, 2004
People v. Lopez
Like robbery, felonious taking element of carjacking requires asportation or movement of vehicle.
Criminal Law and Procedure Jul. 28, 2004
People v. Billa
Defendant is found guilty under felony-murder rule for accomplice's death in arson case.
Criminal Law and Procedure Jul. 28, 2004
Seneca Insurance Co. v. County of Orange
Where statutory period to enter summary judgment expired, trial court had no jurisdiction to enter summary judgment against surety.
Criminal Law and Procedure Jul. 28, 2004
People v. Pitts
Evidence seized must be suppressed because officer lacked reasonable suspicion justifying defendant's detention.
Criminal Law and Procedure Jul. 28, 2004
People v. Meeks
Defendant who stopped complying with requirement to register as felon is guilty of multiple offenses.
Criminal Law and Procedure Jul. 28, 2004
People v. Stewart
Court erred in not including penalty assessments to defendant's sexual offender fine at sentencing.
Criminal Law and Procedure Jul. 28, 2004
People v. Butte
Defendant forfeits right to complain of insufficient notice of charges when he waived preliminary hearing.
Criminal Law and Procedure Jul. 28, 2004
Jorge G., a Minor
Evidence is not sufficient to support finding that crimes of juvenile were gang-related for purposes of requiring gang registration.
Criminal Law and Procedure Jul. 28, 2004
People v. Dagostino
Defendant with drug-related probation violation should not be excluded Proposition 36 sentencing.
Criminal Law and Procedure Jul. 28, 2004
In re Young
Despite conviction under Three Strikes Law, defendant is still eligible for sentence reduction for heroic act.
Criminal Law and Procedure Jul. 28, 2004
People v. Britt
Sex offender may not be prosecuted twice for failing to register in county of former residence and in county of new residence.
Criminal Law and Procedure Jul. 28, 2004
People v. Gipson
Doubling of defendant's base sentence under Three Strikes law doesn't violate contract clauses of federal and state constitutions.
Criminal Law and Procedure Jul. 28, 2004
Alvarez v. Superior Court (Los Angeles County Sheriff's Dept.)
Defendant on trial for resisting arrest is entitled to discover evidence that arresting officer engaged in workplace violence.
Criminal Law and Procedure Jul. 28, 2004
People v. Lovings
Defendant's attempts to disqualify trial attorney are barred by voluntary guilty plea.
Criminal Law and Procedure Jul. 28, 2004
People v. Sisavath
Sexual abuse victim's 'testimonial' hearsay statements to police officer and facility interviewer were inadmissible.
Criminal Law and Procedure Jul. 28, 2004
Wasif M., a Minor
Minor is guilty of violating statute when he threw stone at bus even if he lacked requisite intent to strike it.
Criminal Law and Procedure Jul. 27, 2004
People v. McHugh
Otherwise reasonable arrest does not become unreasonable because it led to violation of state statute concerning collection of evidence.
Criminal Law and Procedure Jul. 27, 2004
People v. Pescador
Jury instruction regarding defendant's acts of domestic violence was properly given in murder trial.
Criminal Law and Procedure Jul. 27, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law.
Criminal Law and Procedure Jul. 27, 2004
People v. Jenkins
'Knock and talk' procedure does not rise to level of investigative detention requiring suspicion of criminal activity.
Criminal Law and Procedure Jul. 27, 2004
People v. Celis
Police were justified to search home of suspect believed to store drugs and money in tire.
Criminal Law and Procedure Jul. 26, 2004
People v. Fielder
To prevent application of 'washout' rule, prosecution must prove defendant either served prison time or committed new felony within five-year period.
Criminal Law and Procedure Jul. 26, 2004
People v. McCall
Statute making possession of particular ingredient equivalent of possession of drug itself was valid exercise of Legislature's power.
Criminal Law and Procedure Jul. 26, 2004
Hoffman v. Arave
When state rule barring petitioner's ineffective assistance claim frustrates exercise of constitutional right, federal review not precluded.
Criminal Law and Procedure Jul. 26, 2004