| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S088368
|
People v. Russo
Jury need not agree on specific overt act for conspiracy so long as jurors unanimously find that some overt act occurred. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S085584
|
People v. Vasquez
Vacated child sexual abuse conviction from Texas may be considered for civil commitment purposes under Sexually Violent Predator Act. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
S088091
|
People v. Masloski
Plea agreement may provide for increased sentence in event defendant fails to appear for sentencing. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
D032205
|
People v. Cox
Mere lapse in memory is not a defense to the crime of failing to register as a sex offender. |
Criminal Law and Procedure |
|
Aug. 10, 2001 | |
|
F030494
|
People v. Sandoval
No contest plea can be set aside if counsel merely repeats formal advisement regarding immigration consequences and there's prejudice. |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
S097459
|
People v. Porter
Order |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
00CA1083
|
People v. Nishikawa
Addition of felony charge did not terminate surety obligation of bondsman. |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
98-0131
|
State v. Espinosa
Petition for post-conviction relief based on prosecutor's withdrawal of plea offer is precluded by petitioner's failure to raise argument before or at trial. |
Criminal Law and Procedure |
|
Aug. 7, 2001 | |
|
99-10478
|
U.S. v. King
Guilty plea for mail fraud was properly accepted by court where sufficient evidence to indicate guilt was present. |
Criminal Law and Procedure |
|
Aug. 6, 2001 | |
|
96-30333
|
U.S. v. Kyllo
Thermal imaging of residence is a search within meaning of Fourth Amendment. |
Criminal Law and Procedure |
|
Aug. 6, 2001 | |
|
45408-1-I
|
State v. Argueta
Defendant cannot be convicted of eluding police vehicle that was not appropriate marked with insignia. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
25510-3-II
|
State v. Leavitt
Court's failure to inform defendant of details of firearm-possession prohibition violated defendant's due process rights regarding subsequent possession convictions. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
19322-5-III
|
State v. Scherz
Threatened use of deadly weapon unaccompanied by physical manifestation of presence of weapon is second-degree robbery. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
24802-6-II
|
State v. Johnston
Evidence obtained from warrantless search of arrestee's car should have been suppressed because no warrant requirement exception applied. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
25242-2-II
|
State v. Spandel
Trial court doesn't err in imposing firearm and nonfirearm deadly weapon sentencing enhancements consecutively. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
26150-2-II
|
State v. Summers
Defendant's challenge to jury instructions, charging information, sufficiency of the evidence, and his ineffective assistance of counsel claim all fail. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
17721-1-III
|
State v. Munguia
Court made proper evidentiary rulings, no prosecutorial misconduct occurred and selective prosecution claim cannot first be raised on appeal. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
69876-7
|
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
18874-4-III
|
State v. Morreira
Sentence improperly took into account facts establishing more serious crime. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
19347-1-III
|
State v. Bosio
Where State fails to prove blood sample was preserved, conviction for vehicular assault must be reversed. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
B118891
|
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile. |
Criminal Law and Procedure |
|
Aug. 3, 2001 | |
|
D034948
|
People v. Weise
Police may enter residence when loud music played for 24 hours led to concern that inhabitants were in danger. |
Criminal Law and Procedure |
|
Aug. 2, 2001 | |
|
98CA0890
|
People v. Waddell
Second degree burglary conviction improper where defendant did not unlawfully enter residence. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA1048
|
People v. Lesslie
Defense of execution of public duty not available to deputy sheriff accused of illegal eavesdropping. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA0576
|
People v. Richards
Conviction for providing false information to pawnbroker upheld. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA0668
|
People v. Williams
No due process violation where defendant requested jury instruction on lesser non-included offenses. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA1582
|
People v. Barnum
Hearsay statement is inadmissible without showing declarant is unavailable. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA2349
|
People v. Boyd
Mandatory parole statute is rationally related to legitimate governmental interest. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
B144625
|
Thompson v. Superior Court (People)
California law does not require proof of prior three strikes convictions at preliminary hearing. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
98CA1517
|
People v. Gay
Statements of defendant must be voluntary to be used even for impeachment purposes. |
Criminal Law and Procedure |
|
Jul. 30, 2001 |
