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Name Category Published
Burleson v. Saffle
Defendants' two convictions for violating state's drive-by shooting statute did not violate prohibition against double jeopardy.
Criminal Law and Procedure Aug. 7, 2002
Hall v. Scott
Court should have applied equitable tolling doctrine to prisoner's filing of petition for writ of habeas corpus.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Sandoval-Venegas
Police officers working on collective knowledge has probable cause to arrest defendant.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Minore
Court erred in failing to inform defendant that government would be required to prove drug quantity beyond reasonable doubt.
Criminal Law and Procedure Aug. 7, 2002
People v. Gonzalez
Court has limited sua sponte duty to instruct on target offense relating to natural and probable consequences theory of aiding and abetting liability.
Criminal Law and Procedure Aug. 7, 2002
People v. Jimenez
Defendant who fondled several different areas of victim's body is guilty of multiple counts of lewd conduct.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Errol D.
Federal government does not have jurisdiction over burglary of the Bureau of Indian Affairs building under Indian Major Crimes Act.
Criminal Law and Procedure Aug. 7, 2002
People v. National Automobile Casualty Insurance Co.
Court's failure to expressly declare bail is forefeited deprived court of later jurisdiction to note forfeiture in minutes.
Criminal Law and Procedure Aug. 6, 2002
People v. Koontz
Death sentence is affirmed for defendant who failed to show he was incompetent to stand trial or to represent himself.
Criminal Law and Procedure Aug. 6, 2002
People v. Mantanez
Because of defendant's long criminal history, imposition of Three Strikes sentence isn't cruel and unusual punishment.
Criminal Law and Procedure Aug. 6, 2002
People v. Martin
Police did not knowingly circumvent defendant's Sixth Amendment rights when police arranged for defendant's girlfriend to secretly record inculpatory phone conversations.
Criminal Law and Procedure Aug. 6, 2002
People v. Archer
Driver who exposed his penis to other driver during road rage incident is guilty of indecent exposure.
Criminal Law and Procedure Aug. 6, 2002
People v. Johnson
Trial court properly instructed jury on difference between voluntary and involuntary manslaughter.
Criminal Law and Procedure Aug. 6, 2002
People v. Northup
Since prosecutor did not possess personnel files, there was no duty to determine whether they contained favorable or material evidence for defense.
Criminal Law and Procedure Aug. 6, 2002
People v. Shaw
Defendant does not have reasonable expectation of privacy in hole in ground in common area of his apartment complex.
Criminal Law and Procedure Aug. 6, 2002
People v. Massicot
Conviction for indecent exposure requires display of bare genitals.
Criminal Law and Procedure Aug. 6, 2002
Hambarian v. Superior Court of Orange County (People)
Court properly declined to disqualify District Attorney for accepting assistance of forensic accountant employed and compensated by victim.
Criminal Law and Procedure Aug. 6, 2002
People v. Gofman
Court erred in dismissing counts of state indictment that were not based on same acts alleged in federal indictment.
Criminal Law and Procedure Aug. 6, 2002
People v. Alvarez
Corpus delicti rule still requires every conviction be supported by some proof of corpus delicti 'aside from' or 'in addition to' defendant's extrajudicial statements.
Criminal Law and Procedure Aug. 6, 2002
People v. Talibdeen
Because defendant is not in prison for failure to pay fine, imposition of state and county penalties is mandatory.
Criminal Law and Procedure Aug. 6, 2002
People v. Level
Defendant who failed to raise issue of age waived right to have prior conviction treated as juvenile adjudication.
Criminal Law and Procedure Aug. 6, 2002
People v. Cano
Absent admission that conviction constituted probation violation, defendant is entitled to benefits of Proposition 36.
Criminal Law and Procedure Aug. 6, 2002
People v. Marchand
Events that require defendant to register as sex offender need not be proven beyond reasonable doubt.
Criminal Law and Procedure Aug. 6, 2002
People v. Sparks
Defendant who entered bedroom of single-family residence with intent to commit rape is guilty of burglary.
Criminal Law and Procedure Aug. 6, 2002
Rios v. Rocha
Counsel's failure to interview more than one witness before abandoning mistaken identity defense to murder, constitutes unreasonable investigation and prejudices defendant.
Criminal Law and Procedure Aug. 5, 2002
People v. Perea
Escape conviction is appropriate where defendant removed electronic monitoring device while on parole.
Criminal Law and Procedure Aug. 5, 2002
People v. Valdez
Double jeopardy violation did not occur where defendant suffered administrative penalties in addition to revocation of his youthful offender sentence.
Criminal Law and Procedure Aug. 5, 2002
People v. Bruce G.
Defendant convicted of lewd and lascivious acts on daughters may be eligible for probation.
Criminal Law and Procedure Aug. 5, 2002
People v. Julien
Disqualification of trial judge is not required based solely on his previous employment in district attorney's office.
Criminal Law and Procedure Aug. 5, 2002
Payton v. Woodford
Capital offense convictions are affirmed even though penalty phase is fundamentally unfair due to jury instruction regarding mitigating evidence.
Criminal Law and Procedure Aug. 4, 2002