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Name Category Published
People v. Storm
Defendant's s statements made at non-custodial home interview are admissible where defendant invoked 'Miranda' rights during polygraph exam three days earlier.
Criminal Law and Procedure Oct. 2, 2002
People v. Phillips
Cocaine and cocaine base are two different substances and they should not be aggregated for sentence enhancement purposes.
Criminal Law and Procedure Oct. 2, 2002
People v. Linn
Court finds no merit to convicted defendant's challenges to jury instructions.
Criminal Law and Procedure Oct. 2, 2002
People v. Martinez
Defendant who asked minor for oral sex did not commit criminal solicitation.
Criminal Law and Procedure Oct. 2, 2002
People v. Linn
Order
Criminal Law and Procedure Oct. 2, 2002
People v. Ortiz
Kidnapping-for-carjacking statute does not require that physical movement of victim 'substantially' increase risk of harm to victim.
Criminal Law and Procedure Oct. 2, 2002
People v. Crosswhite
Sentence extending commitment of individual found guilty by reason of insanity does not violate due process or equal protection.
Criminal Law and Procedure Oct. 2, 2002
People v. Delong
Defendant's appeal is not moot where conviction was set aside pursuant to Proposition 36 after successful completion of drug treatment program.
Criminal Law and Procedure Oct. 2, 2002
City of Los Angeles v. Superior Court (Brandon)
Trial court's order, directing police agency to disclose to defense 10-year old information in arresting officer's personnel records, was improper.
Criminal Law and Procedure Oct. 2, 2002
People v. Pizarro
DNA evidence is inadmissible where defendant's profile is improperly compared to Hispanic profile and perpetrator's ethnicity is unknown.
Criminal Law and Procedure Oct. 1, 2002
People v. Wright
Trial court lacks authority to defer entry of judgment when prosecutor initially determines defendant is ineligible.
Criminal Law and Procedure Oct. 1, 2002
People v. Noriega
Trial judge improperly delivered extemporaneous admonishment to the jurors against jury nullification, but in this specific case the error was harmless.
Criminal Law and Procedure Oct. 1, 2002
People v. Sinohui
Exception to spousal testimony privilege is applied where husband committed crime against wife and third person in continuous course of criminal conduct.
Criminal Law and Procedure Oct. 1, 2002
People v. Mack
Defendant is entitled to conduct credits for time spent in prison prior to reversal of conviction.
Criminal Law and Procedure Oct. 1, 2002
People v. Manderscheid
Police officer's entry into backyard to knock on rear door did not invalidate subsequent consent to search residence.
Criminal Law and Procedure Oct. 1, 2002
People v. Mora
Court errs by amending prisoner's sentence in his absence.
Criminal Law and Procedure Oct. 1, 2002
People v. Johnson
Penal Code Section 288.5 precludes convictions on both continuous sexual abuse charge and individual sexual offenses.
Criminal Law and Procedure Oct. 1, 2002
People v. Wilkinson
Statutory scheme that permits prosecutors arbitrarily to punish battery as either felony or misdemeanor violates equal protection requirement.
Criminal Law and Procedure Oct. 1, 2002
People v. Washington
Defendant may be ordered to pay for extradition as cost of probation supervision.
Criminal Law and Procedure Oct. 1, 2002
Virgle v. Superior Court (People)
Separate finding of probable cause is not required to order fingerprint exemplar where defendant's arrest was lawful.
Criminal Law and Procedure Oct. 1, 2002
People v. Anderson
Duress is not defense to first-degree murder of innocent person and does not reduce murder to manslaughter.
Criminal Law and Procedure Oct. 1, 2002
People v. Hurtado
Before defendant can be committed under Sexually Violent Predators Act, defendant must be likely to commit future predatory acts.
Criminal Law and Procedure Oct. 1, 2002
People v. Mar
Requiring defendant to wear stun belt while testifying on own behalf constituted prejudicial error.
Criminal Law and Procedure Oct. 1, 2002
Ryan D., a Minor
Juvenile's painting in which he is depicted shooting police officer in head doesn't constitute criminal threat.
Criminal Law and Procedure Sep. 30, 2002
Liang v. Superior Court (People)
Court may vacate defendant's conditional plea requiring codefendants to plead guilty to receive lenient sentence when other codefendants withdrew their pleas.
Criminal Law and Procedure Sep. 30, 2002
People v. Scott
Petition extending defendant's commitment as sexually violent predator does not require testimony of more than one expert witness.
Criminal Law and Procedure Sep. 30, 2002
U.S. v. Almaraz
Predicate acts underlying continuing criminal enterprise are not limited to acts for which jury returned guilty verdicts.
Criminal Law and Procedure Sep. 29, 2002
People v. Moses
Preponderance of the evidence standard is applicable to hearing for violation of probation condition.
Criminal Law and Procedure Sep. 29, 2002
People v. Rivera
Sentence in aggravated range is appropriate where trial court considered circumstances for sentence enhancement.
Criminal Law and Procedure Sep. 29, 2002
Woolsey v. Colorado Department of Corrections
Independent investigation of prison disciplinary charges must be done with two days of notice of charges.
Criminal Law and Procedure Sep. 29, 2002