| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B137494
|
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 | |
|
D034571
|
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 | |
|
E027310
|
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 | |
|
B137930
|
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 | |
|
H020636
|
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 | |
|
99SC877
|
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 | |
|
99SC401
|
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 | |
|
98SC816
|
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 | |
|
01-0097
|
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 | |
|
B149818
|
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 | |
|
A092605
|
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 | |
|
B141781
|
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 | |
|
45371-8
|
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 | |
|
70575-5
|
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 | |
|
69613-6
|
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 | |
|
46091-9
|
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 | |
|
45441-2-I
|
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 | |
|
46064-1
|
State v. Jackson
When police arrest driver of vehicle, items of confused ownership may be investigated. |
Criminal Law and Procedure |
|
Aug. 12, 2001 | |
|
00-10283
|
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 | |
|
H018134
|
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 | |
|
B144665
|
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 | |
|
F037389
|
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 | |
|
A090166
|
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 | |
|
S010856
|
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 | |
|
C036033
|
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 | |
|
D033855
|
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 | |
|
S085852
|
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 | |
|
S087893
|
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 | |
|
S077866
|
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 | |
|
S055064
|
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 |
