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Name Category Published
People v. Bailey
Gang registration requirement pursuant to Proposition 21 is not ex post facto law.
Criminal Law and Procedure Sep. 24, 2002
Brown v. Superior Court (People)
Periodic polygraph testing may be imposed as condition of probation.
Criminal Law and Procedure Sep. 24, 2002
People v. Johnson
When trial court sentences defendant to maximum term of imprisonment, it may condition grant of probation upon defendant's waiver of custody credits.
Criminal Law and Procedure Sep. 24, 2002
People v. Jones
Requirement that defendant register as sex offender following conviction for oral copulation with minor does not violate equal protection guarantee.
Criminal Law and Procedure Sep. 24, 2002
State v. Brooks
Assaults on two individuals during burglary did not constitute two distinct acts of first-degree burglary.
Criminal Law and Procedure Sep. 24, 2002
State v. Phelps
Trial court lacks statutory authority to extend statute of limitations.
Criminal Law and Procedure Sep. 24, 2002
State v. Thues
Prior conviction for possession of drug paraphernalia constitutes prior felony for sentence enhancement purposes.
Criminal Law and Procedure Sep. 24, 2002
State v. Helmer
Failure to register as sex offender is continuing offense eligible for greater punishment.
Criminal Law and Procedure Sep. 24, 2002
McQuillion v. Duncan
Prison board was required to find 'some evidence' before rescinding prisoner's parole date.
Criminal Law and Procedure Sep. 24, 2002
People v. Ovalle
Defendant's protection against double jeopardy is not violated when prosecuted prior to completing original sentence.
Criminal Law and Procedure Sep. 23, 2002
People v. Coit
Defendant's right to compel a witness to testify does not trump the right of the witness to avoid self-incrimination.
Criminal Law and Procedure Sep. 23, 2002
People v. Simpson
Juvenile charged as adult still entitled to special protections concerning waiver of constitutional rights.
Criminal Law and Procedure Sep. 23, 2002
People v. Medina
Trial court's failure to instruct jury on lesser included offense was harmless error.
Criminal Law and Procedure Sep. 23, 2002
People v. Martinez
Testimony of pediatrician relating to cause of baby's injuries prejudicial.
Criminal Law and Procedure Sep. 23, 2002
State v. Benenati
Court's imposition of sentence enhancements violated 'Apprendi.'
Criminal Law and Procedure Sep. 23, 2002
State v. Booker
Premeditation instruction requiring reflection regardless of length of time did not eliminate distinction between first and second-degree murder.
Criminal Law and Procedure Sep. 23, 2002
State v. Kilgore
Trial court is not required to conduct evidentiary hearing before admitting evidence of 'other crimes.'
Criminal Law and Procedure Sep. 23, 2002
Personal Restraint Petition of Fawcett
Defendant was not prejudiced by incorrect information regarding his minimum obligation to serve community placement.
Criminal Law and Procedure Sep. 23, 2002
People v. Ashburn
Police were entitled to impound car for expired registration even though defendant had registered car day before.
Criminal Law and Procedure Sep. 22, 2002
People v. Martinez
Special offender statute does not determine length of habitual offender sentence.
Criminal Law and Procedure Sep. 22, 2002
People v. Bonilla-Garcia
Court of appeals lacked authority to stay or withdraw mandate once petition for certiorari is denied.
Criminal Law and Procedure Sep. 22, 2002
People v. Ambos
Claims not included in initial postconviction motion are precluded by statute of limitations.
Criminal Law and Procedure Sep. 22, 2002
U.S. v. Tucker
Search of parolee's home and computer based on tip from citizen-informant is reasonable under Fourth Amendment.
Criminal Law and Procedure Sep. 22, 2002
People v. Triantos
Officer may arrest offender who commits petty offense in his presence and then release at his discretion.
Criminal Law and Procedure Sep. 22, 2002
People v. Ranger Insurance Co.
Trial court prematurely entered summary judgment against bail bond surety before extended 180-day period expired.
Criminal Law and Procedure Sep. 19, 2002
People v. Barber
Defendant must be retried because court conducted inadequate inquiry regarding possible juror misconduct.
Criminal Law and Procedure Sep. 19, 2002
People v. Totari
Defendant may appeal denial of motion to vacate guilty plea when he was not advised of immigration consequences 13 years after imposition of judgment.
Criminal Law and Procedure Sep. 18, 2002
Smith v. Santa Rosa Police Dept.
Lack of knowledge qualifies as mitigating circumstance where owner was unaware of driver's suspended license before loaning vehicle.
Criminal Law and Procedure Sep. 17, 2002
People v. Herman
Soliciting minors to engage in lewd conduct does not constitute violation of criminal solicitation statute.
Criminal Law and Procedure Sep. 17, 2002
US v. Reyna-Tapia
Delegation of Rule II plea colloquy to magistrate judge with defendants' consent is permissible under Federal Magistrates Act.
Criminal Law and Procedure Sep. 17, 2002