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Name Category Published
People v. Saleh
Foot may be deadly weapon when used to start unbroken, foreseeable chain of events capable of producing serious bodily injury or death.
Criminal Law and Procedure Jul. 11, 2002
Shipley v. People
Provision only mandates the length of sentence which special drug offender must receive.
Criminal Law and Procedure Jul. 11, 2002
State v. Paxson
Trial court abused its discretion by precluding defendant's 'air bag' defense in vehicular manslaughter case.
Criminal Law and Procedure Jul. 10, 2002
People v. Farell
Penal Code section mandating 90-day sentence for theft exceeding $50,000 does not apply to theft of trade secrets.
Criminal Law and Procedure Jul. 10, 2002
People v. Cochran
Defendant who posted photographs on Internet did not have commercial purpose necessary for pornography conviction.
Criminal Law and Procedure Jul. 10, 2002
People v. Padilla
Conduct credits were improperly calculated for defendant convicted of nonviolent felony.
Criminal Law and Procedure Jul. 9, 2002
People v. Superior Court (Henkel)
Required five-year 'washout period' for Proposition 36 eligibility must immediately precede current drug possession offense.
Criminal Law and Procedure Jul. 9, 2002
People v. Jaspar
Jury instruction on battered women's syndrome did not confuse jury.
Criminal Law and Procedure Jul. 9, 2002
State v. Meza
State's various discovery violations resulted in court's order to preclude evidence as sanction against state.
Criminal Law and Procedure Jul. 9, 2002
People v. Kubby
Defendant with misdemeanor conviction who flees jurisdiction loses right to appeal.
Criminal Law and Procedure Jul. 9, 2002
People v. Ward
Court does not lose jurisdiction when it allows cure of procedural defect in petition to extend commitment of 'sexually violent predator.'
Criminal Law and Procedure Jul. 9, 2002
People v. Cuccia
Cumulative effect of coercing defendant to testify and denying defendant's request to testify on surrebuttal violated defendant's right to fair trial.
Criminal Law and Procedure Jul. 9, 2002
People v. Arroyas
Sentence for vandalism conviction was properly enhanced based on defendant's street gang affiliation.
Criminal Law and Procedure Jul. 8, 2002
People v. Mearns
Sentence ordering defendant to pay restitution to rape victim was proper under California Constitution.
Criminal Law and Procedure Jul. 8, 2002
People v. Baylor
There is no constitutional violation when police in one case use DNA profile which was lawfully obtained in another previous case.
Criminal Law and Procedure Jul. 8, 2002
People v. Chenze
Defendant was properly convicted for battery on custodial officer despite amendment to criminal statute.
Criminal Law and Procedure Jul. 8, 2002
People v. Superior Court (Jefferson)
To be eligible for probation, defendant must be free from prison custody for five years immediately preceding drug offense.
Criminal Law and Procedure Jul. 8, 2002
U.S. v. Bass
National crime statistics do not justify discovery of government's decisions to seek death penalty.
Criminal Law and Procedure Jul. 8, 2002
State v. Brightman
Defendant who shot victim when gun went off during fistfight is guilty of second-degree murder.
Criminal Law and Procedure Jul. 8, 2002
State v. Hickman
Defendant's stipulation to prior convictions was properly included in sentence calculation.
Criminal Law and Procedure Jul. 8, 2002
State v. Mannering
Defendant convicted of attempted first-degree murder was not entitled to assert defense of duress.
Criminal Law and Procedure Jul. 8, 2002
People v. Apodaca
Similar incident evidence is allowed where it was necessary to prove identity of defendant.
Criminal Law and Procedure Jul. 8, 2002
People v. Felgar
Jury instruction containing mandatory presumption of knowledge of insufficient funds violated due process.
Criminal Law and Procedure Jul. 8, 2002
Stewart v. Smith
Prisoner who waived right to assert claim in state habeas petition is barred from seeking federal review.
Criminal Law and Procedure Jul. 8, 2002
State v. Schultz
No-contact order entered at arraignment for domestic violence case remains in effect until sentencing.
Criminal Law and Procedure Jul. 5, 2002
People v. Turner
Court upholds its prior decision imposing mandatory fees and penalties on defendant.
Criminal Law and Procedure Jul. 3, 2002
People v. Claeys
Police did not violate defendant's Fourth Amendment rights by entering neighbor's yard without permission and observing marijuana plants growing in defendant's backyard.
Criminal Law and Procedure Jul. 3, 2002
In re Brown
State law allowing deferral of parole consideration hearings for five years applies to all murder convictions.
Criminal Law and Procedure Jul. 3, 2002
People v. Edwards
Sentence for nonviolent felony under Three Strikes law is not unconstitutional.
Criminal Law and Procedure Jul. 3, 2002
Parrish v. Superior Court (People)
Taking photographs of unaware minor girls at water park is insufficient to show crime of annoying or molesting children.
Criminal Law and Procedure Jul. 3, 2002