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Name Category Published
People v. Gonzales
Conviction for first-degree murder arising from fist fight does not require that defendants knew gun would be used.
Criminal Law and Procedure Aug. 14, 2001
In re Azurin
Habeas corpus petitioner must be in actual or constructive custody at time petition is filed.
Criminal Law and Procedure Aug. 14, 2001
People v. Amwest Insurance Co.
Bail bond forfeiture is not exonerated in one case because of bond posted on same defendant in a second case.
Criminal Law and Procedure Aug. 14, 2001
People v. Crowe
Jury instruction containing language that voluntary manslaughter required intent to kill does not prejudice defendant.
Criminal Law and Procedure Aug. 14, 2001
People v. Alvarado
Rape occurred during course of burglary even though defendant finished entering residence and obtained victim's property.
Criminal Law and Procedure Aug. 14, 2001
Mason v. People
Defendant may not withdraw guilty plea after sentencing because newly discovered evidence not likely to result in acquittal.
Criminal Law and Procedure Aug. 14, 2001
People v. Schneider
Court sets forth new standard to be applied when defendant seeks to withdraw guilty plea based on newly discovered evidence.
Criminal Law and Procedure Aug. 14, 2001
People v. Melillo
Trial court didn't abuse its discretion in excluding defendant's statement referencing rape victim's prior sexual abuse under Colorado's rape shield statute.
Criminal Law and Procedure Aug. 14, 2001
Wozniak v. Galati (In re State of Arizona)
Results of drug screen test admissible despite lack of second analysis to confirm result.
Criminal Law and Procedure Aug. 14, 2001
Goodwin v. Superior Court (Los Angeles County Sheriff's Dept.)
Court has no authority to compel person who is not in custody to appear for pre-indictment criminal lineup.
Criminal Law and Procedure Aug. 13, 2001
People v. Bolter
For witness-killing special circumstance to apply, evidence need only show that victim/witness was killed in retaliation for act of testifying.
Criminal Law and Procedure Aug. 13, 2001
People v. Gibson
Information in warrant was not stale where law enforcement surveillance established defendant's residence and magistrate had ample evidence of continuing criminal enterprise.
Criminal Law and Procedure Aug. 13, 2001
State v. Silva
Criminal defendant who represented himself had sufficient court resources despite lack of investigator or access to phone.
Criminal Law and Procedure Aug. 13, 2001
State v. McCormick
Minor guilty of felony harassment where principal discovered from classmates that minor had threatened to kill principal.
Criminal Law and Procedure Aug. 13, 2001
State v. Horrace
Police search of non-arrested vehicle passenger was justified where specific facts gave rise to objectively reasonable belief that passenger could be armed.
Criminal Law and Procedure Aug. 13, 2001
State v. Ancira
Order prohibiting father's contact with children was not reasonably necessary to protect them from witnessing domestic violence.
Criminal Law and Procedure Aug. 12, 2001
Personal Restraint Petition Of Mines
Procedural violation of failing to audio tape parole hearing will not warrant new hearing because Board's decision did not prejudice petitioner.
Criminal Law and Procedure Aug. 12, 2001
State v. Jackson
When police arrest driver of vehicle, items of confused ownership may be investigated.
Criminal Law and Procedure Aug. 12, 2001
U.S. v. Poocha
Spectator who uttered profanity at police officer in process of making arrest did not commit disorderly conduct.
Criminal Law and Procedure Aug. 12, 2001
People v. Garcia
Prior and subsequent acts of domestic violence sufficiently corroborate spousal rape charge reported more than one year after incident.
Criminal Law and Procedure Aug. 10, 2001
In re Ramirez
Superior court is proper court in which to file habeas petition arising out of misdemeanor case.
Criminal Law and Procedure Aug. 10, 2001
People v. Superior Court (Almaraz)
Failure to provide certified interpreter does not violate state constitution if interpreter provided is competent.
Criminal Law and Procedure Aug. 10, 2001
People v. Quintana
Evidence of penetration of external genitalia supports conviction for forcible penetration with a foreign object.
Criminal Law and Procedure Aug. 10, 2001
People v. Cunningham
California Supreme Court affirms death penalty for defendant found guilty of first-degree murder of robbery victim.
Criminal Law and Procedure Aug. 10, 2001
People v. Byrd
Defendant's sentence did not result in cruel and unusual punishment even though impossible to serve out sentence during his lifetime.
Criminal Law and Procedure Aug. 10, 2001
People v. Corona
Exclusion of incriminating statements isn't appropriate remedy for officer's failure to advise defendant of her right's under international treaty.
Criminal Law and Procedure Aug. 10, 2001
Price v. Superior Court (People)
Statute permitting trial in any county where one of several offenses occurred and where defendant and victim are same is constitutional.
Criminal Law and Procedure Aug. 10, 2001
People v. McCoy
Aider and abettor may be guilty of greater homicide-related offenses than actual perpetrator committed.
Criminal Law and Procedure Aug. 10, 2001
People v. Simon
Defendant accused of felony must bring improper venue objection before trial begins or else forfeit his right to such objection.
Criminal Law and Procedure Aug. 10, 2001
Harrott v. County of Kings
Trial court may not classify firearm as series assault weapon unless it has been identified in list published by Attorney General.
Criminal Law and Procedure Aug. 10, 2001