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Name Category Published
People v. Ly
Code section prohibiting presentence custody credits doesn't apply to murder that occurred prior to section's operative date. 		Criminal Law and Procedure Jul. 16, 2001
State v. Powers
Hit and run accident scene with two victims may only be counted as one accident scene. 		Criminal Law and Procedure Jul. 16, 2001
State v. Deman
Defendant's prior drunk driving convictions are not 'washed out' for the purpose of sentencing enhancement. 		Criminal Law and Procedure Jul. 15, 2001
State v. Cienfuegos
Defense attorney's failure to request jury instruction regarding diminished capacity was not prejudicial. 		Criminal Law and Procedure Jul. 15, 2001
State v. Glas
Voyeurism statute that doesn't define term 'hostile intrusion' is neither vague nor overbroad when term is given ordinary meaning. 		Criminal Law and Procedure Jul. 15, 2001
State v. Rainey
Defendant who was convicted after her attorney refused to allow her to testify at trial may have received ineffective assistance of counsel. 		Criminal Law and Procedure Jul. 15, 2001
State v. Ross
Police officer did not violate statute by transferring defendant to other jurisdiction rather than taking him to nearest jail to set bail. 		Criminal Law and Procedure Jul. 15, 2001
State v. Elledge
When defendant's waiver of direct right to appeal conviction and sentence was made knowingly, voluntarily and intelligently, death sentence affirmed. 		Criminal Law and Procedure Jul. 15, 2001
People v. Valdez
Sufficient evidence supports trial court's finding that defendant qualified for mentally disordered offender status. 		Criminal Law and Procedure Jul. 12, 2001
People v. Tillett
Court's instruction to jury defining personal use of firearm during robbery is error, therefore personal discharge of gun enhancement must be stricken. 		Criminal Law and Procedure Jul. 12, 2001
People v. Stewart
Defendant may not challenge prison sentence that allegedly violated plea bargain without certificate of probable cause. 		Criminal Law and Procedure Jul. 12, 2001
People v. Tafoya
Jury properly finds defendant guilty of obstructing telephone line or apparatus connected therewith based on removal of battery from cordless phone. 		Criminal Law and Procedure Jul. 12, 2001
Collins v. Superior Court (People)
Defendant who lies at deposition does not commit perjury unless the document is delivered. 		Criminal Law and Procedure Jul. 12, 2001
People v. Salas
Personal-use-of-firearm sentence enhancement cannot be applied unless it is determined that defendant actually used firearm in commission of offense. 		Criminal Law and Procedure Jul. 12, 2001
People v. Coelho
If court cannot determine beyond reasonable doubt facts jury relied on, it should assume facts that allow discretion to impose concurrent term. 		Criminal Law and Procedure Jul. 12, 2001
People v. Chavez
Resentencing of defendant which included period of parole did not violate his double jeopardy rights. 		Criminal Law and Procedure Jul. 11, 2001
U.S. v. Iiland
Government did not offer sufficient evidence to sustain conviction for possession of firearm in furtherance of drug trafficking. 		Criminal Law and Procedure Jul. 11, 2001
Simpson v. Bouker
Penalty and criminal conviction for failure to pay tax on large amounts of marijuana do not violate Double Jeopardy Clause. 		Criminal Law and Procedure Jul. 10, 2001
Navarro v. People
Trial court erred in admitting hearsay statements under co-conspirator exception where there is no evidence that defendant conspired with drug dealer. 		Criminal Law and Procedure Jul. 10, 2001
State of Arizona v. Sansing
Among other things, defendant's challenge to sentencing court's finding of aggravating and mitigating factors is without merit. 		Criminal Law and Procedure Jul. 10, 2001
Van Buskirk v. Baldwin
Statute establishes due diligence predicate to actual innocence claims, thus, procedural default that could've been discovered through due diligence cannot be excused. 		Criminal Law and Procedure Jul. 9, 2001
Tyler v. Cain
Law passed after prisoner's conviction does not justify second habeas petition because Supreme Court did not hold that law was retroactive. 		Criminal Law and Procedure Jul. 9, 2001
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad. 		Criminal Law and Procedure Jul. 9, 2001
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge. 		Criminal Law and Procedure Jul. 9, 2001
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution. 		Criminal Law and Procedure Jul. 9, 2001
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic. 		Criminal Law and Procedure Jul. 9, 2001
Garden Grove Police Dept. v. Superior Court (Reimann)
Court abuses discretion in ordering disclosure of police officers' birth dates to district attorney without requiring defendant to file 'Pitchess' motion. 		Criminal Law and Procedure Jul. 9, 2001
People v. Eccleston
Admitting hearsay testimony of molested child under age 12 does not violate defendant's constitutional right to confront witnesses. 		Criminal Law and Procedure Jul. 9, 2001
People v. Stevens
Sentencing court has authority to compel defendant to report to parole office upon release from prison. 		Criminal Law and Procedure Jul. 9, 2001
People v. Salazar-Merino (Salazar-Merino)
Penal Code Section 114, which provides that person using false documents to conceal true citizenship shall be punished by imprisonment, is constitutional. 		Criminal Law and Procedure Jul. 9, 2001
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