| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-30152
|
U.S. v. Wetchie
Sexual contact with sleeping minor qualifies defendant for sentence enhancement under 'vulnerable victim' adjustment. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
98-50071
|
U.S. v. Ross
Intent to repay is not defense to misappropriation of postal funds. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
98-10374
|
U.S. v. Stephens
Police sweep of bus for illegal drugs constitutes 'seizure' where passengers aren't told they can remain on bus and decline being questioned. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
97-10516
|
U.S. v. Hardeman
Clock begins to run for speedy trial purposes when no continuance has been granted and no pretrial motions are pending. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B135983
|
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
A086488
|
People v. Green
California's Sexually Violent Predator Act is constitutional and does not offend equal protection principles. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
C028033
|
People v. Spence
Good faith exception to exclusionary rule doesn't permit admission of evidence seized beyond conditions of probation search. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
97-50643
|
U.S. v. Montero-Camargo
Vehicle's immediate U-turn at border patrol station is factor in determining reasonable suspicion to stop vehicle. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
98-15730
|
Washington v. Cambra
Where appellant raises constitutional claims the Dixon rule does not provide an independent state-law basis for precluding federal habeas review. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
H019769
|
People v. Superior Court (Paez)
Defendant is entitled to discovery when he presents some evidence in support of his discriminatory prosecution claim. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
H018413
|
People v. Williams
Jury may infer guilt from false or misleading statements made to police without Miranda warnings. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
H017519
|
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
F030423
|
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B139098
|
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
D033316
|
People v. Palamore
Instruction on special allegation of sex offense doesn't have to inform jury that commercial establishment be closed to public when burglary committed. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
D032125
|
People v. Tokash
Sentence enhancement is supported by sufficient evidence that defendant inflicted great bodily injury causing victim to become comatose. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
S012762
|
People v. Bemore
Counsel forgoing questioning of prospective jurors reduces risk that prosecution has reason to use preemptory challenge or challenge for cause. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
D032061
|
People v. Crowder
Where felony and misdemeanor charges are adjudicated separately, defendant may not be sentenced based on same information. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
E023787
|
People v. Waples
Prior acts of molestation may be admitted as propensity evidence and to show common scheme or plan. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
C031508
|
People v. Fradiue
Inmate is not entitled to Miranda warning before interrogation where no restraints are placed upon him beyond those associated with his inmate status. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B139098
|
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
F029571
|
People v. Jimenez
Multiple counts of forcible sodomy with person under 14 years old requires consecutive sentencing under Penal Code. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B134859
|
James G. v. Superior Court (People)
Superior court has standing to defend validity of its order and may be represented by county counsel in proceeding. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
F030424
|
People v. Paz
Reasonable, good faith mistake about victim's age is not defense to charge of lewd acts upon 14-year-old. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B126896
|
People v. Rodriguez
Judgment may be corrected on appeal to reflect mandatory parole revocation fine even though state fails to timely object to court's ommission. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B132370
|
In re Rosenkrantz
Evidence is insufficient to support prison board's finding that defendant is unsuitable for parole. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
F032173
|
People v. Saephanh
Liability for solicitation of murder may not attach where evidence demonstrates that intended recipient never received solicitation. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
S080451
|
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
A085621
|
People v. Choi
Motion to recuse district attorney requires evidence demonstrating conflict of interest rendering it unlikely that defendant will receive fair trial. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B138334
|
Griego v. Superior Court (People)
In civil proceeding, prosecution is bound by promise of transactional immunity and cannot pursue uncharged criminal acts against deponent. |
Criminal Law and Procedure |
|
Jun. 1, 2000 |
