| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96CA0087
|
People v. Torkelson
County court judge may not act as a district court judge without proper appointment of chief judge of the district. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
98CA1904
|
People v. Ball
Direct filing of charges against juvenile in district court is inappropriate where no crime of violence alleged. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
A088732
|
People v. McGinnis
Defendant who committed crimes to fund drug addiction is entitled to evaluation for rehabilitation program. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
S078879
|
In re Resendiz
Incorrect advice from attorney relating to consequences of guilty plea on immigration status is not ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
99-30213
|
U.S. v. Sherburne
Awarding attorney fees to defendant for wrongful criminal prosecution must not involve second-guessing reasonableness of government's tactical decisions. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
B140436
|
People v. Palmer
Defendant convicted of continuous sexual abuse is not eligible for sentence under 'one strike' law. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B143617
|
Rademan v. Superior Court (Joseph)
Trial court may review records of psychotherapist's patients to determine if crime/tort exception to psychotherapist-patient privilege is applicable. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B134479
|
People v. Luera
Child pornography is admissible despite anonymity of informant and apparently inconsistent accounts by police officer. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B135960
|
People v. McPherson
Imposing consecutive sentences is proper where defendant commits two separate crimes: aiding and abetting rape and rape. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B139842
|
People v. Jenkins
When offenses are committed on same occasion and arise from same set of operative facts, court doesn't have discretion to sentence concurrently. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
F032226
|
People v. Lozano
Sentence enhancement is not proper if it results in double punishment of gang member under two separate statutes. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B106689
|
People v. Hein
Defendant who stood in doorway as murder was being committed does not deserve finding of special circumstances. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
F032957
|
People v. Perez
Two sentence enhancements for murder do not violate due process where defendant 's manner of killing exhibited premeditation and motive. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
C032818
|
People v. Parmar
Contract in which county housing authority partially funds nuisance-prosecution position in district attorney's office isn't contrary to public policy. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
E027229
|
People v. Montoya
Counsel for mentally disordered offender may waive client's right to jury at hearing to extend involuntary treatment. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
S066991
|
People v. Sanchez
Gross vehicular manslaughter while intoxicated is not lesser included offense of murder. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B136458
|
People v. Munoz
Sequential designation of judges authorized to consider wiretap applications does not violate statute or legislative intent. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
A084426
|
People v. Currie
Right to impartial jury isn't violated because underrepresentation of group not caused by selection process but by members' failure to appear. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B139266
|
People v. Cleveland
Consecutive sentence imposed by judge isn't factual determination which increased defendant's penalty and must be determined by jury. |
Criminal Law and Procedure |
|
Jul. 1, 2001 | |
|
B140352
|
People v. Lavin
Oregon prisoner's handwritten demand is not sufficient to trigger 180-day deadline to bring charges in California. |
Criminal Law and Procedure |
|
Jun. 29, 2001 | |
|
B143933
|
Calderon v. Superior Court (People)
Multiple defendants charged with crimes arising from separate, unrelated incidents should not be tried together if it would result in unfair prejudice. |
Criminal Law and Procedure |
|
Jun. 29, 2001 | |
|
A086125
|
In re Cluff
Court abuses discretion in denying defendant's motion to strike one or more of his priors. |
Criminal Law and Procedure |
|
Jun. 29, 2001 | |
|
D036024
|
People v. Superior Court (Preciado)
State fulfilled due process requirements when it conducted mandatory psychiatric examinations of sexually violent predator before prior commitment expired. |
Criminal Law and Procedure |
|
Jun. 29, 2001 | |
|
H020849
|
People v. Zepeda
Wiretap of defendant's jail cell phone, admission of prior offenses, and sentence for firearm discharge do not violate constitutional rights. |
Criminal Law and Procedure |
|
Jun. 29, 2001 | |
|
D034285
|
People v. Protsman
Expert testimony is properly excluded at trial if no consensus regarding new scientific technique exists. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
99-16611
|
United States v. $22,474.00
Sophisticated dog sniff and admission of cocaine trafficking conviction provide sufficient probable cause to assume money seized was drug-related. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
99-10275
|
U.S. v. Rivera-Sanchez
Violation of California Health and Safety Code did not reach level of aggravated felony for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
00-3076
|
U.S. v. Morris
Defendant cannot be convicted of five counts of brandishing firearm based on two armed robberies. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
00-3003
|
Gonzales v. McKune
Although admission of hearsay confession and state's suppression of exculpatory evidence were improper, error was harmless. |
Criminal Law and Procedure |
|
Jun. 28, 2001 | |
|
00-50033
|
U.S. v. Davidson
Defendant's conduct that was not state law enumerated offense when he committed federal crime cannot be compelled to register as sex offender. |
Criminal Law and Procedure |
|
Jun. 28, 2001 |
