| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D035591
|
People v. Massicot
Conviction for indecent exposure requires display of bare genitals. |
Criminal Law and Procedure |
|
Aug. 6, 2002 | |
|
S097450
|
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 | |
|
B139753
|
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 | |
|
S089554
|
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 | |
|
S090710
|
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 | |
|
B149442
|
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 | |
|
B152598
|
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 | |
|
C037215
|
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 | |
|
S098290
|
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 | |
|
01-15835
|
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 | |
|
00CA1473
|
People v. Perea
Escape conviction is appropriate where defendant removed electronic monitoring device while on parole. |
Criminal Law and Procedure |
|
Aug. 5, 2002 | |
|
01CA0324
|
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 | |
|
C034403
|
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 | |
|
01SC85
|
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 | |
|
00-99000
|
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 | |
|
70916-5
|
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 | |
|
25222-8
|
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 | |
|
01-0272
|
State v. Smith
Motion seeking change of judge was untimely filed. |
Criminal Law and Procedure |
|
Aug. 2, 2002 | |
|
2000-0260
|
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 | |
|
01CA0086
|
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 | |
|
S086153
|
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 | |
|
S017869
|
People v. Hughes
Conviction and death sentence for first-degree murder are upheld. |
Criminal Law and Procedure |
|
Jul. 31, 2002 | |
|
S085594
|
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 | |
|
B142079
|
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 | |
|
A087698
|
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 | |
|
B137511
|
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 | |
|
C031612
|
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 | |
|
22206-0
|
State v. Trujillo
Six defendants accused of shooting were convicted under correct theory of accomplice liability. |
Criminal Law and Procedure |
|
Jul. 29, 2002 | |
|
00CA2169
|
People v. Falls
Defendant found to be habitual criminal is subject to discretionary parole. |
Criminal Law and Procedure |
|
Jul. 29, 2002 | |
|
00CA1864
|
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 |