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Name Category Published
People v. Hein
Defendant who stood in doorway as murder was being committed does not deserve finding of special circumstances.
Criminal Law and Procedure Jul. 1, 2001
People v. Perez
Two sentence enhancements for murder do not violate due process where defendant 's manner of killing exhibited premeditation and motive.
Criminal Law and Procedure Jul. 1, 2001
People v. Parmar
Contract in which county housing authority partially funds nuisance-prosecution position in district attorney's office isn't contrary to public policy.
Criminal Law and Procedure Jul. 1, 2001
People v. Montoya
Counsel for mentally disordered offender may waive client's right to jury at hearing to extend involuntary treatment.
Criminal Law and Procedure Jul. 1, 2001
People v. Sanchez
Gross vehicular manslaughter while intoxicated is not lesser included offense of murder.
Criminal Law and Procedure Jul. 1, 2001
People v. Munoz
Sequential designation of judges authorized to consider wiretap applications does not violate statute or legislative intent.
Criminal Law and Procedure Jul. 1, 2001
People v. Currie
Right to impartial jury isn't violated because underrepresentation of group not caused by selection process but by members' failure to appear.
Criminal Law and Procedure Jul. 1, 2001
People v. Cleveland
Consecutive sentence imposed by judge isn't factual determination which increased defendant's penalty and must be determined by jury.
Criminal Law and Procedure Jul. 1, 2001
People v. Lavin
Oregon prisoner's handwritten demand is not sufficient to trigger 180-day deadline to bring charges in California.
Criminal Law and Procedure Jun. 29, 2001
Calderon v. Superior Court (People)
Multiple defendants charged with crimes arising from separate, unrelated incidents should not be tried together if it would result in unfair prejudice.
Criminal Law and Procedure Jun. 29, 2001
In re Cluff
Court abuses discretion in denying defendant's motion to strike one or more of his priors.
Criminal Law and Procedure Jun. 29, 2001
People v. Superior Court (Preciado)
State fulfilled due process requirements when it conducted mandatory psychiatric examinations of sexually violent predator before prior commitment expired.
Criminal Law and Procedure Jun. 29, 2001
People v. Zepeda
Wiretap of defendant's jail cell phone, admission of prior offenses, and sentence for firearm discharge do not violate constitutional rights.
Criminal Law and Procedure Jun. 29, 2001
People v. Protsman
Expert testimony is properly excluded at trial if no consensus regarding new scientific technique exists.
Criminal Law and Procedure Jun. 28, 2001
United States v. $22,474.00
Sophisticated dog sniff and admission of cocaine trafficking conviction provide sufficient probable cause to assume money seized was drug-related.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Rivera-Sanchez
Violation of California Health and Safety Code did not reach level of aggravated felony for sentencing purposes.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Morris
Defendant cannot be convicted of five counts of brandishing firearm based on two armed robberies.
Criminal Law and Procedure Jun. 28, 2001
Gonzales v. McKune
Although admission of hearsay confession and state's suppression of exculpatory evidence were improper, error was harmless.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Davidson
Defendant's conduct that was not state law enumerated offense when he committed federal crime cannot be compelled to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Sigmond-Ballesteros
Border patrol agent was not justified in stopping motorist who shielded face after having light shone into vehicle.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Saya
Among other things, court does not abuse discretion in denying motion for new trial based on juror misconduct.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Silva
Police did not violate fourth amendment where defendants did not have reasonable expectation of privacy in shed that was searched.
Criminal Law and Procedure Jun. 28, 2001
Luke W., a Minor
Unconventional pocketknife is not prohibited 'dirk or dagger' under Penal Code Section 12020.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Miles
Officer goes beyond lawful patdown search when he moves and shakes small box in suspect's jacket to determine its contents.
Criminal Law and Procedure Jun. 28, 2001
Miles v. Atherton
Order
Criminal Law and Procedure Jun. 28, 2001
Zichko v. State
Defendant may challenge expired rape conviction while in custody for failing to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Gaither
Guilty plea given during course of judge's colloquy was not improper where questioning was not coercive.
Criminal Law and Procedure Jun. 28, 2001
People v. Labaer
Stripped-down mobile home is structure within meaning of arson statute.
Criminal Law and Procedure Jun. 28, 2001
Gross v. Pirtle
Deputy is entitled to qualified immunity in excessive force claim because 'kicking very hard' doesn't conflict with Fourth Amendment reasonableness standard.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Dwyer
Possession of unregistered firearm is crime of violence and defendant's sentence may be enhanced for such violation.
Criminal Law and Procedure Jun. 28, 2001