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Name Category Published
Bains v. Cambra
When suspect voluntarily goes to police station, 'targeted' questioning in unlocked interview room isn't custodial interrogation that triggers Miranda requirements.
Criminal Law and Procedure May 5, 2000
U.S. v. Takahashi
Prosecution may introduce evidence that defendant and witness, who claims responsibility for crime, belong to gang whose members take blame for one another.
Criminal Law and Procedure May 5, 2000
Baker v. City of Blaine
Defendant's Sixth Amendment rights are not violated when denied counsel at misdemeanor arraignment.
Criminal Law and Procedure May 5, 2000
U.S. v. Garcia
Police may search car trunk without warrant after occupants have been arrested for drug possession and car is impounded.
Criminal Law and Procedure May 5, 2000
Butler v. Superior Court (People)
Under Sexually Violent Predators Act, petition for recommitment must contain evaluations by two psychologists or psychiatrists.
Criminal Law and Procedure May 5, 2000
U.S. v. Miller
Court has jurisdiction to modify payment of defendant's fine when payment is condition of supervised release.
Criminal Law and Procedure May 5, 2000
U.S. v. Lopez-Soto
Fourth Amendment stop is not justified by officer's good faith but mistaken belief that defendant was violating law.
Criminal Law and Procedure May 5, 2000
U.S. v. Johnson
Court may not consider defendant's juvenile sentences in calculating present sentence where juvenile sentences were not served within five years of current offense.
Criminal Law and Procedure May 5, 2000
People v. Dozier
Minimum term of indeterminate life term for third strike offender should be 25 years to life.
Criminal Law and Procedure May 5, 2000
People v. Fountain
Prior juvenile adjudication for battery with serious bodily injury isn't an offense for three strike purposes.
Criminal Law and Procedure May 5, 2000
People v. Kwizera
Trial court may empower probation department with reasonable authority to supervise probation conditions.
Criminal Law and Procedure May 5, 2000
People v. Marquez
Defendant commits only one count of robbery when he steals from one victim, but property belongs to two people.
Criminal Law and Procedure May 5, 2000
People v. Massey
Murder complaint, dismissed twice due to prosecution's inability to obtain witness attendance at trial, must be reinstated for third time.
Criminal Law and Procedure May 5, 2000
People v. Son
Court's refusal to instruct jury on voluntary manslaughter as lesser included offense of murder, based on theory of imperfect duress, is proper.
Criminal Law and Procedure May 5, 2000
People v. Needham
Authorities may conduct inventory search of motorcycle driven by accused, along with duffel bag temporarily attached to motorcycle.
Criminal Law and Procedure May 5, 2000
People v. Davis
Defendant is eligible for diversion program despite prior felony conviction.
Criminal Law and Procedure May 5, 2000
People v. Sakarias
Argument that prosecutor made inconsistent factual theories and knowingly made false arguments should be decided on petition for habeas corpus, not direct appeal.
Criminal Law and Procedure May 5, 2000
People v. Ramirez
Active involvement in chop shop operation is sufficient to establish that defendant 'operated' chop shop in violation of Vehicle Code Section 10801.
Criminal Law and Procedure May 5, 2000
People v. Felix
Court may impose full term sentence enhancement on attempted murder conviction.
Criminal Law and Procedure May 5, 2000
People v. Rizo
Defendant may be convicted of manufacture of false government documents intended for illegal aliens, but sold to U.S. citizens.
Criminal Law and Procedure May 5, 2000
People v. Andrade
Defense counsel's tactical decision not to call defendant as witness produces unjust result that merits new trial.
Criminal Law and Procedure May 5, 2000
U.S. v. Ramon-Ortega
Defendant's Sixth Amendment rights are violated when INS agent interrogates defendant outside counsel's presence on criminal conduct not related to immigration.
Criminal Law and Procedure May 5, 2000
People v. Martinez
Prosecution's filing of felony complaint, with or without issuance of arrest warrant, isn't sufficient to engage federal Constitution's speedy trial protection.
Criminal Law and Procedure May 5, 2000
U.S. v. Guess
Drug manufacturer does not 'use' firearm in violation of federal law if arresting officers were not aware that he possessed loaded handgun.
Criminal Law and Procedure May 4, 2000
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 May 4, 2000
People v. Jacobs
Prior felony convictions are admissible to challenge defendant's credibility, even when defendant does not testify.
Criminal Law and Procedure May 4, 2000
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 May 4, 2000
People v. Garcia
Substantial evidence of premeditation and deliberation supports defendant's conviction for first-degree murder.
Criminal Law and Procedure May 4, 2000
People v. Gardineer
Defendant cannot object to probation condition for first time on appeal.
Criminal Law and Procedure May 4, 2000
People v. Orellano
Defendant may not be convicted of current sex crime merely upon proof that he committed prior sex crime.
Criminal Law and Procedure May 4, 2000