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Name Category Published
Cooley v. Superior Court (Edwards)
Probable cause hearing required for petition to recommit individual as sexually violent predator.
Criminal Law and Procedure Jul. 9, 2001
People v. Cuevas
Three strikes sentence of 85 years to life was not excessive where defendant committed violent crimes and had serious criminal history.
Criminal Law and Procedure Jul. 9, 2001
State v. Pope
Defendant can be convicted of felony bail jumping for failure to appear at probation hearing.
Criminal Law and Procedure Jul. 6, 2001
U.S. v. Garcia
Under Antiterrorism and Effective Death Penalty Act, federal conviction becomes final 90 days after time for filing certiorari petition expires.
Criminal Law and Procedure Jul. 4, 2001
People v. Shipley
Defendant convicted under special offender statute is ineligible for probation or community service.
Criminal Law and Procedure Jul. 3, 2001
People v. Vang
Gang members who sprayed bullets into occupied apartment during drive-by shooting did have deliberate intent to murder everyone inside structure.
Criminal Law and Procedure Jul. 3, 2001
People v. Carrillo
Court correctly determines it does not have discretion to conditionally dismiss strike allegations pursuant to Penal Code Section 1385.
Criminal Law and Procedure Jul. 3, 2001
People v. Sandoval
Prosecutor must make reasonable effort to obtain trial appearance of crucial witness who resides in Mexico.
Criminal Law and Procedure Jul. 3, 2001
People v. Murphy
Court should apply Three Strikes Law and habitual sexual offender statute in sentencing defendant who meets criteria of both.
Criminal Law and Procedure Jul. 3, 2001
State v. Barker
Oregon police officer did not have authority of law to arrest intoxicated driver in Washington.
Criminal Law and Procedure Jul. 2, 2001
State v. Vreen
Erroneous denial of peremptory challenge is not harmless when objectionable juror actually deliberates on jury that convicted defendant.
Criminal Law and Procedure Jul. 2, 2001
People v. Howze
Because of defendant's disruptive behavior and refusal to appear in court, court didn't err in commencing trial in defendant's absence.
Criminal Law and Procedure Jul. 2, 2001
State v. Marsh
Statute disqualifying non-English speaking potential jurors complies with public policy and is constitutional.
Criminal Law and Procedure Jul. 2, 2001
State v. Walls
As required by escape statute, defendant was detained pursuant to felony conviction when causal relationship between warrant and prior felony convictions exists.
Criminal Law and Procedure Jul. 2, 2001
State v. Leffingwell
Washington courts have jurisdiction if essential element of offense is committed in state.
Criminal Law and Procedure Jul. 2, 2001
People v. Epps
Denial of jury trial for defendant's prior offenses does not require reversal of latest conviction.
Criminal Law and Procedure Jul. 2, 2001
People v. Morales
No prosecutorial misconduct in closing statement that asserted drug use implies drug possession where defendant did not dispute possession.
Criminal Law and Procedure Jul. 2, 2001
People v. Atkins
Evidence of voluntary intoxication does not negate requisite intent required to prove mental state for arson.
Criminal Law and Procedure Jul. 2, 2001
People v. J.M.
Trial court not authorized to sentence parent of juvenile delinquent to jail.
Criminal Law and Procedure Jul. 2, 2001
People v. Torkelson
County court judge may not act as a district court judge without proper appointment of chief judge of the district.
Criminal Law and Procedure Jul. 2, 2001
People v. Ball
Direct filing of charges against juvenile in district court is inappropriate where no crime of violence alleged.
Criminal Law and Procedure Jul. 2, 2001
People v. McGinnis
Defendant who committed crimes to fund drug addiction is entitled to evaluation for rehabilitation program.
Criminal Law and Procedure Jul. 2, 2001
In re Resendiz
Incorrect advice from attorney relating to consequences of guilty plea on immigration status is not ineffective assistance of counsel.
Criminal Law and Procedure Jul. 2, 2001
U.S. v. Sherburne
Awarding attorney fees to defendant for wrongful criminal prosecution must not involve second-guessing reasonableness of government's tactical decisions.
Criminal Law and Procedure Jul. 2, 2001
People v. Palmer
Defendant convicted of continuous sexual abuse is not eligible for sentence under 'one strike' law.
Criminal Law and Procedure Jul. 1, 2001
Rademan v. Superior Court (Joseph)
Trial court may review records of psychotherapist's patients to determine if crime/tort exception to psychotherapist-patient privilege is applicable.
Criminal Law and Procedure Jul. 1, 2001
People v. Luera
Child pornography is admissible despite anonymity of informant and apparently inconsistent accounts by police officer.
Criminal Law and Procedure Jul. 1, 2001
People v. McPherson
Imposing consecutive sentences is proper where defendant commits two separate crimes: aiding and abetting rape and rape.
Criminal Law and Procedure Jul. 1, 2001
People v. Jenkins
When offenses are committed on same occasion and arise from same set of operative facts, court doesn't have discretion to sentence concurrently.
Criminal Law and Procedure Jul. 1, 2001
People v. Lozano
Sentence enhancement is not proper if it results in double punishment of gang member under two separate statutes.
Criminal Law and Procedure Jul. 1, 2001