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Name Category Published
People v. Ranger Insurance Co.
Court had clear jurisdiction to refuse to discharge order of bail forfeiture and sanctions are imposed for appeal without merit. 		Criminal Law and Procedure Oct. 7, 2002
Miller v. Superior Court (People)
People establish excusable neglect where investigators checked jails and police records but failed to locate key witness before trial. 		Criminal Law and Procedure Oct. 7, 2002
People v. Mehaisin
Parent who abducted his children from their lawful custodian is not entitled to affirmative defense of necessity. 		Criminal Law and Procedure Oct. 7, 2002
People v. Ulloa
Instant messages from defendant's home computer are properly seized where warrant establishes probable cause. 		Criminal Law and Procedure Oct. 7, 2002
People v. Superior Court (Bell)
Defendant is life prisoner 'undergoing a life sentence' because aggregate determinate and indeterminate sentences potentially subject him to actual life imprisonment. 		Criminal Law and Procedure Oct. 2, 2002
In re Brittany L.
Victim of juvenile's criminal conduct is entitled to full restitution without regard to potential reimbursement to victim by his insurer. 		Criminal Law and Procedure Oct. 2, 2002
People v. Beeson
In 'mentally disordered offender' proceeding, court is not required to instruct jury to presume defendant is not mentally disordered offender. 		Criminal Law and Procedure Oct. 2, 2002
People v. Hunter
Defendant who failed to request suppression of evidence at trial cannot seek discovery regarding warrant on appeal. 		Criminal Law and Procedure Oct. 2, 2002
People v. Williams
Alcohol breath test results are admissible upon showing of either compliance with regulations or foundational elements. 		Criminal Law and Procedure Oct. 2, 2002
People v. Valle
Prisoner does not qualify as mentally disordered offender because he did not receive 90 days of treatment within year before his release. 		Criminal Law and Procedure Oct. 2, 2002
People v. Howard
Juvenile adjudication for attempted robbery does not qualify as strike under Three Strikes Law. 		Criminal Law and Procedure Oct. 2, 2002
People v. Noble
Court's instruction that defendant must prove he is not dangerous in order to oppose his commitment as mentally disordered offender is prejudicial. 		Criminal Law and Procedure Oct. 2, 2002
People v. Mower
Defendant must only raise reasonable doubt as to unlawful possession of marijuana and cultivation under Penal Code Section 11362.5(d). 		Criminal Law and Procedure Oct. 2, 2002
People v. Engelman
Instructing jurors to oversee reasoning and decision-making of fellow jurors and report perceived improprieties creates risk of unnecessary intrusion of deliberation process. 		Criminal Law and Procedure Oct. 2, 2002
People v. Michaels
Special circumstances of murder for financial gain apply where defendant admitted secondary motive for killing was his girlfriend's financial gain. 		Criminal Law and Procedure Oct. 2, 2002
People v. Superior Court (Schultz)
When court grants motion to set aside information, it may direct district attorney to file information conditioned upon subsequent hearing before magistrate. 		Criminal Law and Procedure Oct. 2, 2002
People v. Andrade
After imposing restitution fine and suspended parole revocation fine, court could later impose parole revocation fine when defendant violated probation. 		Criminal Law and Procedure Oct. 2, 2002
People v. Westbrook
Defendant, previously adjudicated of committing robbery in juvenile court delinquency proceeding, is entitled to participate in drug treatment program under Proposition 36. 		Criminal Law and Procedure Oct. 2, 2002
People v. Rodriguez
The absence of definitional instructions to clarify term "recurring access" in sex offender statute was not error. 		Criminal Law and Procedure Oct. 2, 2002
Fletcher v. Superior Court
Police officer's prior employment history at previous law enforcement agency is subject to discovery proper 'Pitchess' motion. 		Criminal Law and Procedure Oct. 2, 2002
Baqleh v. Superior Court (People)
Court may order defendant to submit to a mental evaluation by prosecution expert but must comply with requirements of Civil Discovery Act. 		Criminal Law and Procedure Oct. 2, 2002
People v. Statum
People may appeal superior court's decision to impose misdemeanor sentence for 'wobbler' offense. 		Criminal Law and Procedure Oct. 2, 2002
People v. Cash
Trial court's failure to permit voir dire on whether juror could impose life in prison without parole is prejudicial error. 		Criminal Law and Procedure Oct. 2, 2002
People v. Muszynsiki
Individual apartments damaged by fire are not separate structures under aggravated arson statute. 		Criminal Law and Procedure Oct. 2, 2002
People v. Watie
Where defendant shot at victim in his home, jury is properly instructed on defense of dwelling. 		Criminal Law and Procedure Oct. 2, 2002
People v. Superior Court (Jimenez)
Prosecution may not render judge unavailable to rehear suppression motion by challenging that judge under Code of Civil Procedure Section 170.6. 		Criminal Law and Procedure Oct. 2, 2002
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California (4805 Convoy Inc.)
Undercover officer's inquiry of 'more skin' posed to exotic dancer does not constitute entrapment. 		Criminal Law and Procedure Oct. 2, 2002
People v. Alvarez
Application of one strike law to lewd conduct charges committed before law took effect violates ex post facto prohibitions. 		Criminal Law and Procedure Oct. 2, 2002
People v. Verlinde
As matter of law, co-perpetrator is not accomplice of defendant convicted of gross vehicular manslaughter. 		Criminal Law and Procedure Oct. 2, 2002
People v. Culp
Court should have aggregated non-continuous periods of presentence custody for purpose of calculating credits. 		Criminal Law and Procedure Oct. 2, 2002
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