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People v. Youngblood
Conviction for animal cruelty is affirmed because court properly instructed jury, necessity was no defense and no illegal search or seizure occurred.
Criminal Law and Procedure Sep. 9, 2001
Ford v. Superior Court (People)
Court correctly denies defendant's motion to suppress confession, when he wasn't seized before making incriminating statements.
Criminal Law and Procedure Sep. 9, 2001
People v. LaCross
Statute prohibiting transportation of methamphetamine applies to transportation by bicycle.
Criminal Law and Procedure Sep. 9, 2001
People v. Branch
Admitting evidence of uncharged prior sexual offenses in child molestation case was highly probative and not unduly prejudicial.
Criminal Law and Procedure Sep. 9, 2001
People v. Elam
Dismissal of juror with accent who 'changed his mind often' was error without further proof that he lacked command of English language.
Criminal Law and Procedure Sep. 9, 2001
People v. Brown
California has jurisdiction to prosecute appellant who carries out non de minimis preparatory acts in state with intent of completing crime.
Criminal Law and Procedure Sep. 9, 2001
People v. Kennedy
Ambiguity of Health and Safety Code section will not preclude misdemeanor conviction for unprescribed possession of controlled substances.
Criminal Law and Procedure Sep. 9, 2001
Jorss v. Gomez
District court's erroneous dismissal of habeas petition is extraordinary circumstance beyond petitioner's control warranting equitable tolling.
Criminal Law and Procedure Sep. 9, 2001
People v. Bradley
Failure of defense counsel to call expert witness did not constitute ineffective assistance of counsel.
Criminal Law and Procedure Sep. 6, 2001
In the Interest of JAC
Escape from youth corrections facility justified adjudication of child as juvenile delinquent.
Criminal Law and Procedure Sep. 6, 2001
People v. Lanzieri
Parolee can be convicted of escape despite procedural irregularity leading to his confinement in community corrections.
Criminal Law and Procedure Sep. 6, 2001
Downey v. People
Defendant who knowingly waives right to counsel and proceeds pro se ordinarily cannot later claim ineffective assistance of counsel against advisory counsel.
Criminal Law and Procedure Sep. 6, 2001
People v. Kazmierski
Once officer's false or reckless statements were stricken from affidavit, remaining information failed to establish probable cause to search defendant's residence.
Criminal Law and Procedure Sep. 6, 2001
People v. Medina
Because police conduct was calculated to induce defendant to confess, subsequent confession was involuntary.
Criminal Law and Procedure Sep. 6, 2001
People v. Cooper
Persons convicted of sex offense committed between July 1, 1996 and Nov. 1, 1998 is subject to discretionary parole as governed by statute.
Criminal Law and Procedure Sep. 6, 2001
People v. Miller
Because defendant failed to successfully complete Youth Offender System sentence as required by statute, Department of Corrections erred in unconditionally discharging him.
Criminal Law and Procedure Sep. 6, 2001
People v. Gholston
Limitations on cross-examination did not violate defendant's due process rights.
Criminal Law and Procedure Sep. 6, 2001
People v. Gregor
Operation of vehicle does not require actual movement for purposes of driving after revocation prohibited statute.
Criminal Law and Procedure Sep. 6, 2001
People v. Guerrero
Court lacked jurisdiction to impose term of probation where deferred sentence had expired.
Criminal Law and Procedure Sep. 6, 2001
Martin v. People
Conviction for sexual offense occurring before enactment of statute subject to discretionary parole not to exceed remainder of maximum sentence of incarceration.
Criminal Law and Procedure Sep. 6, 2001
People v. Schofield
Warrantless arrest permitted to prevent destruction of evidence when misdemeanor is not committed in officer's presence.
Criminal Law and Procedure Sep. 6, 2001
People v. Dubon
Alien who pleaded nolo contendere is deemed to have received advisement of immigration consequences despite lack of official transcript of hearing.
Criminal Law and Procedure Sep. 6, 2001
People v. Solis
Other than one minor sentencing claim, court rejects defendant's challenge to sentencing and sufficiency of evidence.
Criminal Law and Procedure Sep. 6, 2001
People v. Hutchins
Sentence enhancement for using firearm to commit murder did not expose defendant to double punishment for single crime.
Criminal Law and Procedure Sep. 6, 2001
In re Alex M.
When statute underlying delinquency plea is unconstitutional and juvenile violates probation, plea agreement should be vacated and previously dismissed charges reinstated.
Criminal Law and Procedure Sep. 5, 2001
State v. Green
Probative value of defendant's prior convictions occurring 15 years earlier is outweighed by their prejudicial effect.
Criminal Law and Procedure Sep. 5, 2001
In re Joel R.
When pursing fleeing vehicle, statute requires law enforcement officers to use siren or other audible warning only 'as reasonably necessary.'
Criminal Law and Procedure Sep. 5, 2001
People v. Montes
Conviction for 'penetration by foreign object on person under 14' is violent felony under 'three strikes.'
Criminal Law and Procedure Sep. 5, 2001
People v. Stewart
Defendant's right to equal protection violated when two statutes provided different punishments for same offense.
Criminal Law and Procedure Sep. 5, 2001
People v. Saleh
Defendant's use of foot to kick victim did not constitute use of deadly weapon to establish second degree assault.
Criminal Law and Procedure Sep. 5, 2001