Jurisdiction & Venue

Name: People v. Lazarevich
Case #: H026467
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/18/2004
Subsequent History: Rev. den. 2/23/05
  • Categories: Constitutional/Statutory, Jurisdiction & Venue, Subject Matter Jurisdiction

The state of California may assert jurisdiction over a parent who violated a state custody order by taking the children to a foreign country. The defendant was convicted in California of two counts of withholding a minor child and maliciously…

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Name: People v. Ellison
Case #: A101964
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 09/15/2003
Subsequent History: None
  • Categories: Jurisdiction & Venue, Pronouncement, Sentencing, Specific Jurisdiction

After admitting a violation of probation and an Arbuckle waiver before Judge Cissna, appellant appeared for sentencing before Judge Neville, who ordered defendant released with conditions, expressed an intent to continue sentencing and refer the matter to probation and put…

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Name: People v. Friedman
Case #: B159149
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/27/2003
Subsequent History: None
  • Categories: Areas Constitutional Law, Double Jeopardy, Jurisdiction & Venue, Specific Jurisdiction

The trial court dismissed all counts in an information filed against defendants charging two counts of murder and kidnap for ransom. Three special circumstances were also charged for murders committed for financial gain, multiple murders, and murders committed during a…

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Name: People v. Rich
Case #: E031387
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/28/2003
Subsequent History: Rhg. den. 6/16/03
  • Categories: Appeals, Jurisdiction & Venue, Pretrial Motions, Review Principles, State Venue, Venue

A criminal case was assigned by the Judicial Council to San Bernandino County after all the judges in Riverside County, where the case arose, recused themselves (the defendant was the son of a retired Riverside County judge). In this appeal,…

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Name: People v. Borja
Case #: D038113
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/23/2002
Subsequent History: None
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person

The trial court did not have jurisdiction to impose a nunc pro tunc order reducing a sentence imposed as a condition of probation from 365 to 364 days, when the probation term had expired nearly two years earlier.

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Name: People v. Coddington
Case #: S008840
Court: CA Supreme Court
District CalSup
Opinion Date: 07/03/2000
Subsequent History: Modification of opinion at 24 Cal.4th 316a; rehearing denied 9/27/00; cert. denied 2/26/01
  • Categories: Admitting/Excluding, Appeals, By CALJIC Number, By Judge, By Prosecutor, Defenses, Discovery, Evidence, Examination of Witness, Expert Witness, General Principles, Ineff. Assist. Counsel (IAC), Jurisdiction & Venue, Jury Instructions, Mental, Misconduct, Pretrial Motions, Right to Counsel, Scope of Review, Search & Seizure, Searches w/o Warrant, Subject Matter Jurisdiction, Venue

There was no error in the jury instructions given regarding sanity which would have precluded consideration of evidence of irresistible impulse to the extent that appellant did not know his acts were wrong. Furthermore, appellant did not request a clarifying…

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Name: Price v. Superior Court
Case #: S085852
Court: CA Supreme Court
District CalSup
Opinion Date: 06/25/2001
Subsequent History: None
  • Categories: Jurisdiction & Venue, Subject Matter Jurisdiction

In a lengthy opinion, the Court considered Penal Code section 784.7, which permits the trial of more than one of several listed offenses in any county in which one such offense occurred if the defendant and victim are the same…

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Name: People v. Dieguez
Case #: A091657
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/30/2001
Subsequent History: Modif. on den. rehg. 5/22/01; Rev. den. 8/15/01
  • Categories: General Principles, Ineff. Assist. Counsel (IAC), Jurisdiction & Venue, Jury Instructions, Right to Counsel, Subject Matter Jurisdiction

In a prosecution for perjury and making a false statement in support of a worker's comp claim, the trial court did not err by failing to give, sua sponte, a unanimity instruction which required the jurors to agree on the…

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Name: People v. Howze
Case #: B134049
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/08/2001
Subsequent History: Modification of opinion on denial of rehearing 86 Cal.App.4th 839c; review denied 4/25/01
  • Categories: Constitutional/Statutory, Jurisdiction & Venue

Applying the doctrine of estoppel, the Court of Appeal held that appellant's state and federal constitutional rights were not violated, and the court did not act in excess of its jurisdiction under Penal Code section 1043, when it commenced trial…

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