Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 58

Full-Text Articles in Law

In Re Dennis, Jesse W. Carter Mar 1959

In Re Dennis, Jesse W. Carter

Jesse Carter Opinions

Defendant's trial and conviction constituted a denial of due process where defendant was physically present, but his mental condition was such that he was incapable of understanding the proceedings against him and unable to assist his attorney.


People V. Bernstein, Jesse W. Carter Feb 1959

People V. Bernstein, Jesse W. Carter

Jesse Carter Opinions

The information against defendant for contributing to the delinquency of a child was properly set aside because there was no evidence that his acts had any untoward effect whatsoever upon the child.


In Re Bandmann, Jesse W. Carter Dec 1958

In Re Bandmann, Jesse W. Carter

Jesse Carter Opinions

An inmate's application for a writ of habeas corpus based upon an improper sentence being imposed was denied and the matter was remanded to the trial court for reconsideration of the sentence.


In Re Osslo [Dissent], Jesse W. Carter Dec 1958

In Re Osslo [Dissent], Jesse W. Carter

Jesse Carter Opinions

Two probationers could reject probation that they did not assent to at trial after the final appeal was decided because they never manifested acceptance of the terms of the probation, especially a prohibition from holding union offices.


Tupper V. Superior Court Of Marin County [Dissent], Jesse W. Carter Nov 1958

Tupper V. Superior Court Of Marin County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where an accused's commitment was not based entirely on incompetent evidence, a writ of prohibition did not lie to review of the ruling of the magistrate on a procedural matter.


In Re Petersen [Dissent], Jesse W. Carter Oct 1958

In Re Petersen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Ordinances allowing a police chief to designate exclusive taxicab stands and prohibiting competing companies from standing therein, was a valid exercise of a municipality's police power and was not invalidly discriminatory.


Gomez V. Superior Court Of Mendocino County, Jesse W. Carter Jul 1958

Gomez V. Superior Court Of Mendocino County, Jesse W. Carter

Jesse Carter Opinions

Where petitioners were charged with grand theft, but the jury found them guilty only of petty theft, which judgment was reversed on appeal, they could not later be retried for grand theft, because double jeopardy protections attached.


People V. Friend [Dissent], Jesse W. Carter Jun 1958

People V. Friend [Dissent], Jesse W. Carter

Jesse Carter Opinions

The comments of the judge were in keeping with the Constitution and the established limitations on his power, and there was no sound basis for concluding that the question of penalty was not fairly tried.


People V. Osslo [Dissent], Jesse W. Carter Mar 1958

People V. Osslo [Dissent], Jesse W. Carter

Jesse Carter Opinions

Sufficient evidence supported the conviction of eight criminal defendants for conspiracy and assault when they beat up the retail clerk union's business agent who reportedly infringed on the butcher union's business.


People V. Wilburn, Jesse W. Carter Feb 1958

People V. Wilburn, Jesse W. Carter

Jesse Carter Opinions

Although defendant engaged in a shoot-out with a retired police officer who walked in on a robbery, the evidence pointed to the conclusion that a bullet fired from defendant's gun killed a decedent. Thus, he was guilty of first-degree murder.


People V. Granados [Dissent], Jesse W. Carter Dec 1957

People V. Granados [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.


People V. Craig, Jesse W. Carter Nov 1957

People V. Craig, Jesse W. Carter

Jesse Carter Opinions

Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.


People V. Sheran, Jesse W. Carter Sep 1957

People V. Sheran, Jesse W. Carter

Jesse Carter Opinions

The trial court had the power to modify a verdict by reducing the class of defendant's crime. Substantial evidence in the record supported the modification, and no inference could be drawn from the evidence contrary to those drawn by the jury.


In Re Carmen [Dissent], Jesse W. Carter Aug 1957

In Re Carmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Prisoner's conviction could not be attacked on habeas corpus upon allegations of new and additional facts claiming that convicting court lacked jurisdiction over offense because jurisdictional allegations did not appear upon face of trial record.


People V. Duroncelay [Dissent], Jesse W. Carter Jun 1957

People V. Duroncelay [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.


People V. Moore [Dissent], Jesse W. Carter May 1957

People V. Moore [Dissent], Jesse W. Carter

Jesse Carter Opinions

A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.


People V. Corrigan [Dissent], Jesse W. Carter May 1957

People V. Corrigan [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction for robbery was affirmed where the trial court's questioning of various witnesses was not prejudicial and any objections thereto were not made by defendant during the trial and consequently were deemed waived by the court.


People V. Randazzo [Dissent], Jesse W. Carter Apr 1957

People V. Randazzo [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's complaint that erroneous instructions were given did not authorize the recall of remittitur, for it was a complaint of an error of law only, and remittitur could not be recalled to correct judicial error or mistake of law.


People V. Hardenbrook, Jesse W. Carter Apr 1957

People V. Hardenbrook, Jesse W. Carter

Jesse Carter Opinions

The prior consistent statement of a witness was properly admitted to refute an inference of recent fabrication of the testimony. A lay witness was not competent to testify as to defendant's ability to commit premeditated murder.


People V. Cheary [Dissent], Jesse W. Carter Apr 1957

People V. Cheary [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's new trial motion was properly denied where sufficient evidence supported the jury's imposition of the death penalty based on defendant's conviction for first-degree murder.


People V. Riser [Dissent], Jesse W. Carter Dec 1956

People V. Riser [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a capital murder prosecution, a trial court's grant of the prosecution's challenge to a juror, who stated that in no event would he vote for the death penalty, was not error.


People V. Bridgehouse, Jesse W. Carter Nov 1956

People V. Bridgehouse, Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction for second-degree murder was reduced to manslaughter where the evidence showed that defendant went into shock upon seeing his wife's lover at his mother-in-law's house and where defendant had never threatened the victim.


People V. Linson, Jesse W. Carter Nov 1956

People V. Linson, Jesse W. Carter

Jesse Carter Opinions

Defendant was properly convicted of second degree burglary because there was sufficient evidence to sustain the verdict, and the prosecutor did not commit prejudicial misconduct in his closing argument to the jury.


Caritativo V. Teets [Dissent], Jesse W. Carter Nov 1956

Caritativo V. Teets [Dissent], Jesse W. Carter

Jesse Carter Opinions

Writ of mandate would not issue to compel warden to institute proceedings to determine present sanity of defendant awaiting execution of death penalty after warden determined that there was not good reason to believe defendant was presently insane.


People V. Cole [Dissent], Jesse W. Carter Oct 1956

People V. Cole [Dissent], Jesse W. Carter

Jesse Carter Opinions

Medical opinion as to whether the victim's wound could have been self-inflicted was admissible and sufficient evidence supported the verdict finding defendant guilty of first-degree murder.


People V. Merkouris, Jesse W. Carter May 1956

People V. Merkouris, Jesse W. Carter

Jesse Carter Opinions

Defendant was due a new trial for his ex-wife's murder because trial court erred by permitting him to withdraw not guilty by reason of insanity plea over counsel's implied objection and because instructions to jury on lying in wait were improper.


People V. Nunn [Dissent], Jesse W. Carter May 1956

People V. Nunn [Dissent], Jesse W. Carter

Jesse Carter Opinions

An osteopath's conviction for selling prescriptions for narcotics was proper because the regulatory code's use of the phrase "good faith" was not vague, and the prosecution's attempt to obtain narcotics from the osteopath was not entrapment.


People V. Rios [Dissent], Jesse W. Carter Feb 1956

People V. Rios [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's arrest for the possession of heroin was lawful where the officer had reasonable cause to believe that defendant had committed a felony after defendant admitted that he had taken an injection of heroin two weeks before.


Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter Feb 1956

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.


Hill V. Superior Court Of Humboldt County [Dissent], Jesse W. Carter Feb 1956

Hill V. Superior Court Of Humboldt County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Court-appointed attorneys who defended an indigent client charged with murder were not entitled to a writ compelling compensation of more than $ 1,000, where the payment was comparable to other jurisdictions and to that received by public employees.