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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Sanchez
Gross vehicular manslaughter while intoxicated is not lesser included offense of murder.
Criminal Law and Procedure Jul. 1, 2001
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
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
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
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
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
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
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
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
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
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
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
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
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
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