| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B106689
|
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 | |
|
F032957
|
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 | |
|
C032818
|
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 | |
|
E027229
|
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 | |
|
S066991
|
People v. Sanchez
Gross vehicular manslaughter while intoxicated is not lesser included offense of murder. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B136458
|
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 | |
|
A084426
|
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 | |
|
B139266
|
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 | |
|
B140352
|
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 | |
|
B143933
|
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 | |
|
A086125
|
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 | |
|
D036024
|
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 | |
|
H020849
|
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 | |
|
D034285
|
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 | |
|
99-16611
|
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 | |
|
99-10275
|
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 | |
|
00-3076
|
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 | |
|
00-3003
|
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 | |
|
00-50033
|
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 | |
|
00-50408
|
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 | |
|
00-10004
|
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 | |
|
99-10416
|
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 | |
|
A090906
|
Luke W., a Minor
Unconventional pocketknife is not prohibited 'dirk or dagger' under Penal Code Section 12020. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
00-30035
|
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 | |
|
00-1460
|
Miles v. Atherton
Order |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
98-35825
|
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 | |
|
99-50612
|
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 | |
|
D034632
|
People v. Labaer
Stripped-down mobile home is structure within meaning of arson statute. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
00-2130
|
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 | |
|
00-5079
|
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 |