| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-0269
|
State v. Gross
Statute is unconstitutional, insofar as it allows trial court, rather than jury, to determine defendant's release status for purposes of increasing sentence. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-10380
|
Juvenile Male v. The Commonwealth of the Northern Mariana Islands
Juvenile transfer statute vesting broad discretionary decision-making power in transfer judge isn't unconstitutionally vague. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
97-99030
|
Cooper v. Calderon
First-degree murder conviction stands despite defense attorney's failure to request jury instruction on second-degree murder. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
00-7133
|
U.S. v. Holder
Evidence supports jury's finding that defendant killed landowner while owner was assisting federal employee who was engaged in performing official duties. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
00-8012
|
U.S. v. Sullivan
Amended sentencing guidelines do not violate ex post facto clause. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
00-10384
|
U.S. v. Walter
Court should have granted evidentiary hearing regarding defendant's history of childhood abuse, as abuse may warrant downward departure in sentencing. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A091063
|
People v. Truong
Sentence enhancement for person convicted of inflicting great bodily injury on any person under circumstances involving domestic violence is not unconstitutional. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
99-30012
|
U.S. v. Johnson
Discovery by police of marijuana growing in mushroom shed was not admissible because officers did not have probable cause to enter property. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
S085410
|
People v. Trevino
Offender's age at time of prior offense is not relevant for purposes of sentencing under prior-murder special circumstance rule. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
B148154
|
German v. Superior Court (People)
Double jeopardy prohibits retrial for conspiracy to commit first-degree murder where conviction for conspiracy to commit second-degree murder was reversed. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A078462
|
People v. Reeves
Statistical calculations used to support DNA evidence were admissible because they are generally accepted in scientific community. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
C033929
|
People v. Youngblood
Conviction for animal cruelty is affirmed because court properly instructed jury, necessity was no defense and no illegal search or seizure occurred. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A094667
|
Ford v. Superior Court (People)
Court correctly denies defendant's motion to suppress confession, when he wasn't seized before making incriminating statements. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
C036760
|
People v. LaCross
Statute prohibiting transportation of methamphetamine applies to transportation by bicycle. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A089941
|
People v. Branch
Admitting evidence of uncharged prior sexual offenses in child molestation case was highly probative and not unduly prejudicial. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
B141040
|
People v. Elam
Dismissal of juror with accent who 'changed his mind often' was error without further proof that he lacked command of English language. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
D035066
|
People v. Brown
California has jurisdiction to prosecute appellant who carries out non de minimis preparatory acts in state with intent of completing crime. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A091491
|
People v. Kennedy
Ambiguity of Health and Safety Code section will not preclude misdemeanor conviction for unprescribed possession of controlled substances. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
99-16986
|
Jorss v. Gomez
District court's erroneous dismissal of habeas petition is extraordinary circumstance beyond petitioner's control warranting equitable tolling. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
99CA1787
|
People v. Bradley
Failure of defense counsel to call expert witness did not constitute ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00CA1165
|
In the Interest of JAC
Escape from youth corrections facility justified adjudication of child as juvenile delinquent. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99SC596
|
People v. Lanzieri
Parolee can be convicted of escape despite procedural irregularity leading to his confinement in community corrections. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99SC664
|
Downey v. People
Defendant who knowingly waives right to counsel and proceeds pro se ordinarily cannot later claim ineffective assistance of counsel against advisory counsel. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SA395
|
People v. Kazmierski
Once officer's false or reckless statements were stricken from affidavit, remaining information failed to establish probable cause to search defendant's residence. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SA361
|
People v. Medina
Because police conduct was calculated to induce defendant to confess, subsequent confession was involuntary. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SC474
|
People v. Cooper
Persons convicted of sex offense committed between July 1, 1996 and Nov. 1, 1998 is subject to discretionary parole as governed by statute. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00SA389
|
People v. Miller
Because defendant failed to successfully complete Youth Offender System sentence as required by statute, Department of Corrections erred in unconditionally discharging him. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
98CA0952
|
People v. Gholston
Limitations on cross-examination did not violate defendant's due process rights. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99CA0703
|
People v. Gregor
Operation of vehicle does not require actual movement for purposes of driving after revocation prohibited statute. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
99CA1818
|
People v. Guerrero
Court lacked jurisdiction to impose term of probation where deferred sentence had expired. |
Criminal Law and Procedure |
|
Sep. 6, 2001 |
