| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01SC74
|
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 | |
|
01SC83
|
Shipley v. People
Provision only mandates the length of sentence which special drug offender must receive. |
Criminal Law and Procedure |
|
Jul. 11, 2002 | |
|
00-0781
|
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 | |
|
H019633
|
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 | |
|
D034916
|
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 | |
|
B148513
|
People v. Padilla
Conduct credits were improperly calculated for defendant convicted of nonviolent felony. |
Criminal Law and Procedure |
|
Jul. 9, 2002 | |
|
A096715
|
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 | |
|
F035439
|
People v. Jaspar
Jury instruction on battered women's syndrome did not confuse jury. |
Criminal Law and Procedure |
|
Jul. 9, 2002 | |
|
00-0792
|
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 | |
|
C038631
|
People v. Kubby
Defendant with misdemeanor conviction who flees jurisdiction loses right to appeal. |
Criminal Law and Procedure |
|
Jul. 9, 2002 | |
|
E030271
|
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 | |
|
G028341
|
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 | |
|
B147995
|
People v. Arroyas
Sentence for vandalism conviction was properly enhanced based on defendant's street gang affiliation. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
B150613
|
People v. Mearns
Sentence ordering defendant to pay restitution to rape victim was proper under California Constitution. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
E029215
|
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 | |
|
G027398
|
People v. Chenze
Defendant was properly convicted for battery on custodial officer despite amendment to criminal statute. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
E030590
|
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 | |
|
01-1471
|
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 | |
|
25220-1
|
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 | |
|
27336-5
|
State v. Hickman
Defendant's stipulation to prior convictions was properly included in sentence calculation. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
26180-4
|
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 | |
|
00CA1789
|
People v. Apodaca
Similar incident evidence is allowed where it was necessary to prove identity of defendant. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
00CA1760
|
People v. Felgar
Jury instruction containing mandatory presumption of knowledge of insufficient funds violated due process. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
01-339
|
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 | |
|
71221-2
|
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 | |
|
C037315
|
People v. Turner
Court upholds its prior decision imposing mandatory fees and penalties on defendant. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
G027481
|
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 | |
|
D036935
|
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 | |
|
G026878
|
People v. Edwards
Sentence for nonviolent felony under Three Strikes law is not unconstitutional. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
C039165
|
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 |
