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Name Category Published
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
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
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
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
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
People v. Porter
Order
Criminal Law and Procedure Aug. 7, 2001
People v. Nishikawa
Addition of felony charge did not terminate surety obligation of bondsman.
Criminal Law and Procedure Aug. 7, 2001
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
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
U.S. v. Kyllo
Thermal imaging of residence is a search within meaning of Fourth Amendment.
Criminal Law and Procedure Aug. 6, 2001
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
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
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
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
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
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
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
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement.
Criminal Law and Procedure Aug. 5, 2001
State v. Morreira
Sentence improperly took into account facts establishing more serious crime.
Criminal Law and Procedure Aug. 5, 2001
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
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
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
People v. Waddell
Second degree burglary conviction improper where defendant did not unlawfully enter residence.
Criminal Law and Procedure Jul. 31, 2001
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
People v. Richards
Conviction for providing false information to pawnbroker upheld.
Criminal Law and Procedure Jul. 31, 2001
People v. Williams
No due process violation where defendant requested jury instruction on lesser non-included offenses.
Criminal Law and Procedure Jul. 31, 2001
People v. Barnum
Hearsay statement is inadmissible without showing declarant is unavailable.
Criminal Law and Procedure Jul. 31, 2001
People v. Boyd
Mandatory parole statute is rationally related to legitimate governmental interest.
Criminal Law and Procedure Jul. 31, 2001
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
People v. Gay
Statements of defendant must be voluntary to be used even for impeachment purposes.
Criminal Law and Procedure Jul. 30, 2001