Case Summaries

The trial court discharged a juror for failure to deliberate, even though the juror listened to all of the evidence, participated to some extent in the discussions concerning the evidence in the jury room, and remained willing and able to…

Petitioner had pleaded guilty after Officer Mack testified at the preliminary hearing that petitioner had sold drugs to Mack. Years later, Officer Mack pleaded guilty to bank robbery and was tangentially related to the Rampart scandal. Since petitioner was no…

The prosecutor used peremptory challenges against the only three African-American males in the venire. The trial court erred in ruling that African-American males are not a cognizable class under Wheeler and in refusing to permit the prosecutor to respond to…

The Court of Appeals held the district court erred in dismissing a habeas petition alleging certain grounds because the claims had not been presented in an earlier petition in the district court, which had been dismissed without prejudice for exhaustion…

The Court of Appeals held the district court erred in dismissing a habeas petition alleging certain grounds because the claims had not been presented in an earlier petition in the district court, which had been dismissed without prejudice for exhaustion…

Although not specifically enumerated in the statute (now 8 U.S.C. § 1227(a)(2)(A)(iii)), involuntary manslaughter under Penal Code section 192 is an "aggravated felony" for which an alien may be deported.

Editor's Note: Review granted. Appellant was convicted of attempting to make a terrorist threat (Pen. Code, §§ 664/422). On appeal, he claimed that his conviction had to be reversed because there can be no crime of attempted terrorist threat. Appellant…

A defendant claimed ineffective assistance of counsel in failing to investigate his mental condition or present mitigating evidence at his sentencing in a death penalty case, despite clear indications then of a mental disorder. The issue was raised for the…

The district court had rejected a habeas claim of ineffective assistance on the ground that petitioner had failed to raise it on direct appeal, which was an independent state ground for rejecting the claim. The Court of Appeals held that…

The Civil Discovery Act of 1986 applies to Sexually Violent Predator Act. The Discovery Act applies to civil proceedings and an SVPA proceeding is civil in nature. There is no statutory language exempting the SVPA from the Discovery Act. A…

Editor's note: see subsequent history A petition of habeas corpus alleging ineffective assistance of counsel for failure to investigate or present evidence of battered women's syndrome was filed more than one year after the effective date of AEDPA (3/24/96). The…

Guided by the Supreme Court's decision in In re Jorge M. (2000) 23 Cal.4th 866, the court here concluded that possession of a silencer (Pen. Code, § 12520), requires the prosecution to show that the defendant knew or should have…

A "fast track" plea bargain program in which the Government promised to recommend a two-level downward departure from the sentencing guidelines in return for a plea and waiver of various rights, including the right to receive undisclosed favorable evidence from…

In a highly fact-specific case, the Court affirmed the granting of a habeas petition alleging Brady error in failing to disclose the prosecutor's notes recording opinions of the doctor performing the autopsy. The notes contained information which could have been…

The 1997 amendment to Penal Code section 1025, adding subdivision (c), did not completely eliminate the right to a jury trial of a prior conviction allegation. However, it considerably narrowed the issues the jury must decide. Subdivision (b) of section…

Here the court had dismissed the jury over appellant's objection and found the prior conviction true after a court trial. The Court noted that the right to a jury trial of the fact of a prior conviction derives solely from…

Defendant, intoxicated by PCP, was found sitting in the opening of the sliding door of a van and a vial of PCP was found under the driver's seat. The police did not know who owned the van or who had…

Defendant, intoxicated by PCP, was found sitting in the opening of the sliding door of a van and a vial of PCP was found under the driver's seat. The police did not know who owned the van or who had…

In two drive-by shootings, the defense contended that the evidence was insufficient to show intent to kill anyone but victim Her at one location and victim Fang at another, based upon the location of bullets centered around the area where…

The trial court abused its discretion in failing to refer appellant for treatment at the California Rehabilitation Center. "In considering whether to order a CRC evaluation for an addicted person, the trial court may not merely ‘parrot' the statutory standard…

The denial of a motion to suppress evidence was affirmed where appellant Gomes had no privacy interest in a hotel room she had checked out of prior to the search of the room. Co-appellant Dorais' privacy interest had expired at…

Editor's Note: Review granted. The trial court did not err when it imposed the 15 percent limitation on defendant's presentence custody credits pursuant to Penal Code section 2933.1 upon appellant's sentence for first degree murder. Appellant had argued that enactment…

The striking of appellant's prior strike for assault with a deadly weapon causing great bodily injury was reversed on a People's appeal where the trial court abused its discretion to conclude that a career criminal was "outside the spirit" of…

Penal Code section 1237.1, which precludes a criminal defendant from raising an error in the calculation of presentence custody credits, at least as a sole issue on appeal, if she or he has not previously raised the error in the…

Penal Code section 1237.1, which precludes a criminal defendant from raising an error in the calculation of presentence custody credits, at least as a sole issue on appeal, if she or he has not previously raised the error in the…

Penal Code section 654 does not run afoul of the rule announced in Apprendi v. New Jersey (2000) 530 U.S. ___ [147 L.Ed.2d 435, 120 S.Ct. 2348]. Apprendi held that any fact which increases the penalty for a crime must…

Penal Code section 629.50 permits an application for a wiretap order to be approved by a second judge designated by the presiding judge where the first designated judge was unavailable. Therefore, where a written application for a wiretap application could…

Penal Code section 629.50 permits an application for a wiretap order to be approved by a second judge designated by the presiding judge where the first designated judge was unavailable. Therefore, where a written application for a wiretap application could…

Appellant's conviction under Penal Code section 311.11 is not arbitrary and does not violate due process principles. The rating by the Motion Picture Association of America does not immunize a person making or distributing child pornography illegal. The trial court…

Police officers, with probable cause to believe there is evidence of a jailable offense and contraband in a home, may prevent the resident from entering the home unaccompanied for a reasonable period of time while a search warrant is obtained,…