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Name Category Published
People v. Massicot
Conviction for indecent exposure requires display of bare genitals.
Criminal Law and Procedure Aug. 6, 2002
Hambarian v. Superior Court of Orange County (People)
Court properly declined to disqualify District Attorney for accepting assistance of forensic accountant employed and compensated by victim.
Criminal Law and Procedure Aug. 6, 2002
People v. Gofman
Court erred in dismissing counts of state indictment that were not based on same acts alleged in federal indictment.
Criminal Law and Procedure Aug. 6, 2002
People v. Alvarez
Corpus delicti rule still requires every conviction be supported by some proof of corpus delicti 'aside from' or 'in addition to' defendant's extrajudicial statements.
Criminal Law and Procedure Aug. 6, 2002
People v. Talibdeen
Because defendant is not in prison for failure to pay fine, imposition of state and county penalties is mandatory.
Criminal Law and Procedure Aug. 6, 2002
People v. Level
Defendant who failed to raise issue of age waived right to have prior conviction treated as juvenile adjudication.
Criminal Law and Procedure Aug. 6, 2002
People v. Cano
Absent admission that conviction constituted probation violation, defendant is entitled to benefits of Proposition 36.
Criminal Law and Procedure Aug. 6, 2002
People v. Marchand
Events that require defendant to register as sex offender need not be proven beyond reasonable doubt.
Criminal Law and Procedure Aug. 6, 2002
People v. Sparks
Defendant who entered bedroom of single-family residence with intent to commit rape is guilty of burglary.
Criminal Law and Procedure Aug. 6, 2002
Rios v. Rocha
Counsel's failure to interview more than one witness before abandoning mistaken identity defense to murder, constitutes unreasonable investigation and prejudices defendant.
Criminal Law and Procedure Aug. 5, 2002
People v. Perea
Escape conviction is appropriate where defendant removed electronic monitoring device while on parole.
Criminal Law and Procedure Aug. 5, 2002
People v. Valdez
Double jeopardy violation did not occur where defendant suffered administrative penalties in addition to revocation of his youthful offender sentence.
Criminal Law and Procedure Aug. 5, 2002
People v. Bruce G.
Defendant convicted of lewd and lascivious acts on daughters may be eligible for probation.
Criminal Law and Procedure Aug. 5, 2002
People v. Julien
Disqualification of trial judge is not required based solely on his previous employment in district attorney's office.
Criminal Law and Procedure Aug. 5, 2002
Payton v. Woodford
Capital offense convictions are affirmed even though penalty phase is fundamentally unfair due to jury instruction regarding mitigating evidence.
Criminal Law and Procedure Aug. 4, 2002
Personal Restraint Petition of Goodwin
Defendant whose sentence was based on 'washed out' juvenile offenses must be resentenced.
Criminal Law and Procedure Aug. 2, 2002
State v. Gallagher
Sufficient evidence supports defendant's conviction of being accomplice in manufacturing drugs, and matter is remanded for resentencing.
Criminal Law and Procedure Aug. 2, 2002
State v. Smith
Motion seeking change of judge was untimely filed.
Criminal Law and Procedure Aug. 2, 2002
State v. Jeffrey
State is not required to prove that defendant was not under duress when committing kidnapping.
Criminal Law and Procedure Aug. 2, 2002
People v. Cruse
Police officers had right to walk through open gate and evidence of methamphetamine odor was properly admitted.
Criminal Law and Procedure Aug. 1, 2002
People v. Slayton
Questioning of defendant for uncharged offenses that were 'inextricably intertwined' with charged offenses did not violate his right to counsel.
Criminal Law and Procedure Jul. 31, 2002
People v. Hughes
Conviction and death sentence for first-degree murder are upheld.
Criminal Law and Procedure Jul. 31, 2002
Flanagan v. Flanagan
Phone call cannot be recorded if party reasonably expects conversation will not be overheard or recorded.
Criminal Law and Procedure Jul. 31, 2002
People v. Statum
Court is within its discretion to reduce felony conviction to misdemeanor when facts do not support sentencing as felony.
Criminal Law and Procedure Jul. 30, 2002
People v. Anderson
Duress is not defense to first degree murder even when prosecutor chooses not to seek death penalty.
Criminal Law and Procedure Jul. 30, 2002
People v. McKay
When individual cited is unable to produce written identification, officer has statutory discretion to arrest citee.
Criminal Law and Procedure Jul. 30, 2002
People v. Valdez
Required mental state for felony willful endangerment is purposefully or intentionally placing child in dangerous situation, not criminal negligence.
Criminal Law and Procedure Jul. 30, 2002
State v. Trujillo
Six defendants accused of shooting were convicted under correct theory of accomplice liability.
Criminal Law and Procedure Jul. 29, 2002
People v. Falls
Defendant found to be habitual criminal is subject to discretionary parole.
Criminal Law and Procedure Jul. 29, 2002
People v. Meads
Defendant is not entitled to jury instruction with his theory of case where no evidence supports it.
Criminal Law and Procedure Jul. 29, 2002