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People V. Beard [Dissent], Jesse W. Carter
People V. Beard [Dissent], Jesse W. Carter
Jesse Carter Opinions
A motion for a new criminal trial was denied because defendant did not show that the decision to rely on his own testimony was other than his own or that the evidence presented was evidence that he could not have discovered and produced at the trial.
People V. Farrara [Dissent], Jesse W. Carter
People V. Farrara [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although the record contained no justification for the authorities' warrantless arrest of defendants and warrantless search of their home, the court would not presume that the authorities acted illegally; defendants were not entitled to a new trial.
People V. Citrino [Dissent], Jesse W. Carter
People V. Citrino [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's possession of tools that had been taken in a burglary could be inferred from the fact that the tools had been abandoned, and defendant's recently driven car was found nearby.
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although defendant's conduct observed by an officer did not of itself constitute reasonable cause to believe she was committing a felony, it was sufficient to justify the officer's reliance on information regarding defendant's bookmaking.
People V. Martin [Dissent], Jesse W. Carter
People V. Martin [Dissent], Jesse W. Carter
Jesse Carter Opinions
Officers' search of a car without a warrant was justified by presence of two men on a lover's lane at night and the suspects' sudden flight upon the approach of the officers. The officers could search the car for weapons before questioning the men.
People V. Blodgett [Dissent], Jesse W. Carter
People V. Blodgett [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a prosecutor had improperly focused the jury on defendant's alleged prior heroin use, defendant's marijuana possession conviction was not reversed when the prosecutorial misconduct did not result in a miscarriage of justice.
People V. Tarantino [Dissent], Jesse W. Carter
People V. Tarantino [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's convictions for two counts of extortion and for conspiracy to commit extortion were not proper. Recordings constituted a substantial and important part of the evidence and were illegally obtained.