| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00CA0956
|
People v. Wiley
Trial court did not err in admitting evidence where defendant consented to search. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00-1260
|
U.S. v. Knights
Warrantless search supported by reasonable suspicion and permitted by probation condition does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
99-10538
|
U.S. v. Knights
Probation searches must be conducted for probation purposes only, not as part of separate criminal investigation. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
98CA2459
|
People v. Fennell
Right to speedy trial not violated where defendant was not convicted after a trial. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
E029320
|
In re Phelps
Law prohibiting fraud against homeowner facing foreclosure does not apply when owner does not reside in home. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
F036866
|
People v. Fox
Because defendant's prior Oregon conviction is a lewd and lascivious act regardless of intent, it constitutes a strike under California law. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
E028089
|
Wooten v. Superior Court (People)
Pimping and pandering charges are set aside where there was no prostitution, which requires bodily contact between prostitute and customer. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
B146784
|
People v. Renteria
When alternate juror is seated after deliberations have begun, court must instruct jury to begin deliberations anew. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
B151613
|
In re DeLong
Defendant found guilty but sentenced after drug probation initiative's effective date is convicted after effective date, and comes within ambit of proposition. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
C035576
|
People v. Rugamas
Court ordered restitution, imposed for reformation and rehabilitation, is authorized by statute. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
C036486
|
People v. Bianco
Court acted within its discretion in imposing probation condition prohibiting defendant, who obtained recommendation for medicinal marijuana, from using or possessing marijuana. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
F034485
|
People v. Acevedo
Court prejudicially erred in precluding cross-examination about partition ratio used to convert urine-alcohol measurement into blood-alcohol equivalent. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
26312-2
|
State v. Armstrong
Defendant who violated plea agreement cannot withdraw guilty plea, and state may file additional charges. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00CA1204
|
People v. McPherson
Resentencing of defendant to department of corrections after rejection of community corrections did not violate due process. |
Criminal Law and Procedure |
|
Dec. 9, 2001 | |
|
S086481
|
People v. Mancebo
Order |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
S094336
|
People v. Medina
Order |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
99-10440
|
U.S. v. Michaud
Police didn't initiate questioning after defendant invoked her right to counsel, therefore suppression motion was properly denied. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
99-50152
|
U.S. v. Adelzo-Gonzalez
Court abused its discretion by failing to make adequate inquiry into defendant's requests to substitute counsel. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-30161
|
U.S. v. Severino
Sentence of drug offender may be enhanced based on prior drug felony convictions so long as prosecution files information with court. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
99-99024
|
Ainsworth v. Woodford
Defendant, whose attorney failed to investigate and present mitigating evidence at penalty phase of trial, received ineffective assistance. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
01-6019
|
U.S. v. Hannah
Court did not provide adequate explanation for three level upward departure in defendant's sentence. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-50228
|
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-30083
|
U.S. v. Summers
Fourth Amendment was not violated by voluntary police stop, jury instructions were not confusing, and Armed Career Criminal Act is facially constitutional. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-50075
|
U.S. v. Chavez- Valenzuela
Fourth Amendment violation is found when driver's nervousness was not sufficient factor for reasonable suspicion to warrant officer's request of vehicle search. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-3411
|
U.S. v. Adams
Trial court did not err by excluding expert testimony that merely vouched for credibility of another witness. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
01-3209
|
US v. Sherwin
Patrol car door qualifies as dangerous weapon for purposes of applying sentencing guidelines of aggravated assault offense. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
00-3365
|
U.S. v. Williams
Nervousness of driver and discrepancy of car rental papers justified search of automobile. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
69851-1
|
State v. Fire
Defendant was not prejudiced when required to use peremptory challenge to excuse juror who should have been dismissed for cause. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
B145692
|
People v. Mabini
Testimony of child with whom defendant committed similar acts of child molestation was sufficient to corroborate victim's testimony. |
Criminal Law and Procedure |
|
Dec. 3, 2001 | |
|
25908-7
|
State v. Rasmussen
Defendant sentenced for four offenses on same day should have received concurrent sentences. |
Criminal Law and Procedure |
|
Nov. 30, 2001 |