Jurisdiction & Venue

Name: People v. Jones (2023) 89 Cal.App.5th 1344
Case #: A163558
Opinion Date: 04/04/2023
  • Categories: Bifurcated Proceedings, Jurisdiction & Venue, Trial Proceedings

Summary

Jury’s verdict in the second part of a bifurcated trial was a nullity where the trial court had discharged and lost control of the jury after the first part of the trial. Following the reading of the verdicts in a…

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Name: In re Kerins (2023) 89 Cal.App.5th 1084
Case #: A165304
Opinion Date: 03/30/2023
  • Categories: Areas Constitutional Law, Civil Commitments, Ineff. Assist. Counsel (IAC), Jurisdiction & Venue, Right to Counsel, SVP

Summary

Failure to bring SVP defendant to trial more than 14 years after the filing of the SVP petition did not amount to unconstitutional pretrial delay. Kerins was convicted of an SVP-qualifying offense in 1988. He was convicted of additional offenses…

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Name: Gholipour v. Superior Court (San Diego County)
Case #: D072235
Opinion Date: 10/24/2017
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Mandatory Supervision, Probation / Parole / PRCS, Restitution, Sentencing

Summary

When a Court of Appeal vacates a restitution award in a case that has been transferred to another county under Penal Code section 1203.9, the transferring court retains jurisdiction to impose a new restitution order consistent with the appellate court's…

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Name: In re Barber
Case #: B284060
Opinion Date: 09/14/2017
  • Categories: Jurisdiction & Venue, Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing, Specific Jurisdiction

Summary

After probation expired, sheriff did not have authority to confine former probationer who failed to complete work release program. In 2007, Barber pleaded no contest to second degree commercial burglary, and the court sentenced him to three years' probation. In…

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Name: People v. Ochoa
Case #: B264450
Opinion Date: 08/31/2016
  • Categories: Areas Constitutional Law, Constitutional/Statutory, Crimes, Due Process, Elements of Crimes, Jurisdiction & Venue

Summary

Attempted extortion conviction reversed where there was no evidence the defendant intended to extort anything from the sole victim named in the information. Ochoa and a companion approached a man, Santiago, who was working in a food truck. Ochoa attempted…

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