Probation / Parole / PRCS

Name: In re Cortinas
Case #: H025526
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/13/2004
Subsequent History: 6/10/04 Rehrg. gr.; Rev. gr. 7/26/04
  • Categories: Extraordinary Remedies, Habeas Corpus (State), Parole, Probation / Parole / PRCS

The Prison Board’s finding that a convicted murderer was unsuitable for parole was supported by "some evidence," and therefore a court had no authority to reverse that finding and set a parole date. The prisoner in this case sought habeas…

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Name: People v. Bowers
Case #: A095890
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/23/2004
Subsequent History: Rev. den. 8/11/04
  • Categories: Detention, Probation / Parole / PRCS, Search & Seizure, Searches, Searches w/o Warrant

In a prior opinion, the appellate court, relying on the reasoning of In re Tyrell J. concluded that the search of appellant was reasonable and justified because appellant was a probationer subject to a search condition, even though at the…

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Name: People v. Connor
Case #: H024743
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/06/2004
Subsequent History: None
  • Categories: Probation, Probation / Parole / PRCS

While probation reports in criminal cases are available to the public without restriction for sixty days after probation is granted, following the sixty-day period the media’s access to a probation report is subject to certain restrictions. The court here found…

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Name: In re Sheena K.
Case #: B167626
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/02/2004
Subsequent History: Rev. granted 6/9/04: S123980
  • Categories: Areas Constitutional Law, Delinquency (602), Disposition Phase, Due Process, Probation, Probation / Parole / PRCS

The minor was convicted of misdemeanor battery and placed on probation, under specified terms and conditions, including that she not associate with anyone disapproved of by her probation officer, not possess any weapons, and not remain with any person known…

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Name: Jones v. Superior Court
Case #: D042335
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/22/2004
Subsequent History: None
  • Categories: Discovery, Legislation, Pretrial Motions, Probation, Probation / Parole / PRCS, Statutory Construction

The question resolved in this case is whether the reciprocal discovery provisions of the Criminal Discovery statute (Pen. Code, sec. 1054 et seq) apply to a provation revocation hearing, such that a probationer is obligated to provide discovery to the…

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Name: People v. Juarez
Case #: A101227
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 01/07/2003
Subsequent History: None
  • Categories: Credits, Plea Bargaining, Pleas, Probation, Probation / Parole / PRCS, Sentencing

Appellant was sentenced to probation conditioned upon his waiver of all credits for time served. The Supreme Court, in People v. Johnson, upheld the discretion of the trial court to impose such a sentence. However, it did not resolve the…

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Name: People v. Kirby
Case #: H025009
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/08/2003
Subsequent History: None
  • Categories: Abuse of Discretion, Probation, Probation / Parole / PRCS, Sentencing

Appellant was convicted of conspiracy to pimp, in violation of Penal Code section 182 and 266h, and conspiracy to pander, in violation of sections 182 and 266i. The trial court followed the probation department's recommendation that probation be granted. The…

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Name: In re Smith
Case #: H025304
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/15/2003
Subsequent History: None
  • Categories: Parole, Probation / Parole / PRCS

The habeas record contained insufficient evidence to support the trial court’s finding that the governor's order overturning a recommendation that petitioner be granted parole was based on a blanket policy of denying parole to convicted murderers. However, the record likewise…

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Name: People v. Tilehkooh
Case #: C040485
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/08/2003
Subsequent History: None
  • Categories: Defenses, Probation, Probation / Parole / PRCS, Prop 215 (medical use of marijuana)

Appellant's probation (for a controlled substance offense) was revoked based on possession and use of marijuana. The trial court ruled that Health and Safety Code section 11362.5 (the Compassionate Use Act) did not apply to him because he could not…

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Name: People v. Dixon
Case #: C042734
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/07/2003
Subsequent History: None
  • Categories: Probation, Probation / Parole / PRCS

A general condition of probation requiring a defendant to report by mail to his probation officer is not a drug-related condition of probation under Proposition 36. Here the trial court properly applied the presumption against granting probation in Penal Code…

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