Law Commons^™

Waiver Of The Right To Appeal, Robert K. Calhoun

Publications

This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …

In Defense Of Three-Strikes: Analyzing The Impact Of California's 1994 Anti-Crime Measures, Republican Office Of Asdsembly Research

California Assembly

No abstract provided.

A Town Hall Meeting On Three Strikes And You're Out, The Hon. William J. Cahill, Moderator

California Agencies

A community discussion of the new law, the initiative, alternatives to prison .

Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code

California Joint Committees

No abstract provided.

Preparing Your Client For Trial...Another Point Of View, Bernard L. Segal

Publications

No abstract provided.

The Implementation Of The California Determinate Sentencing Law. Executive Summary, National Institute Of Justice

California Agencies

No abstract provided.

Interim Hearing On Victim & Witness Rights In Criminal Proceedings, Asembly Subcommittee On Criminal Justice Resources

California Assembly

Each year, crime claims more than forty million victims in the United States. This is a really staggering statistic. One in five Americans, almost, are victims of some sort of crime every year in this country. For these Americans, crime is more than just a statistic; it is a sobering and often devastating personal experience, inflicting physical and mental disability, property loss or damage, financial hardship, and severe and sometimes permanent disruption to personal lives. Adding to this trauma of being a crime victim is a criminal justice system which pays astonishingly little attention to the needs and the concerns …

California Corrections: The Slippery Slope, Assembly Criminal Justice Committee

California Assembly

No abstract provided.

California Justice Under Determinate Sentencing: A Review And Agenda For Research, Albert J. Lipson, Mark A. Peterson

California Agencies

No abstract provided.

Determinate And Indeterminate Sentence Law Comparison Study: Feasibility Of Adapting Law To A Sentencing Commission Guideline Approach, Joint Committee On Rules

California Joint Committees

No abstract provided.

A New Correctional Policy For California: Developing Alternatives To Prison, National Council On Crime And Delinquency

California Joint Committees

No abstract provided.

Hearing On Criminal Procedure, Joint Committee On Revision Of The Penal Code

California Joint Committees

No abstract provided.

Facts And Figures Concerning Executions In California, 1938-1962, Geroge E. Danielson

California Assembly

The purpose of this report is to present as much statistical material as is now available relating to those persons who have suffered the death penalty in California.

This study is prompted by the current debate on whether the California Legislature should enact a moratorium on the death penalty during the 1963 General Session. In making their judgments on that grave question the members of the Legislature need to, consider and evaluate all available factual information. Unfortunately we have observed that, except for the moral question, the discussion on all sides has been noted chiefly for an abundance of undocumented …

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

Jesse Carter Opinions

The death penalty for the crime of kidnapping to commit robbery if the victim suffers bodily harm applied where the removal was between the rooms in a dwelling. It was the fact, not the distance, of forcible removal that constituted kidnapping.

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

Jesse Carter Opinions

Defendant's conviction of receiving stolen property was proper because evidence was sufficient to corroborate the testimony of accomplice witnesses where defendant was in possession of stolen property and gave evasive answers as to ownership.

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

Jesse Carter Opinions

In a drug possession case, the court held that the police had reasonable cause to search defendant because three suspects informed the police that defendant was the one who sold them their drugs.

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.

In Re Scaggs [Dissent], Jesse W. Carter

Jesse Carter Opinions

Prisoner convicted of a felony and sentenced to imprisonment was not entitled to be admitted to bail as a matter of right but was compelled to address himself to the discretion of the court; there was no abuse of discretion in refusing bail.

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

Jesse Carter Opinions

Defendant's conviction for first-degree murder was proper where defendant failed to show that he did not receive fair trial as conflicting testimony about voluntariness of confession and denial of attorney during questioning supported jury verdict.

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

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. Head, Jesse W. Carter

Jesse Carter Opinions

Motion to dismiss an appeal was denied where defendant made a constructive filing of a notice of appeal within the prescribed time limit and satisfied the jurisdictional requirement as contemplated by law.

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

Jesse Carter Opinions

Defendant was properly convicted of second degree murder as the jury was correctly instructed on the doctrine of reasonable doubt and an error in admitting collateral and irrelevant evidence did not result in the miscarriage of justice.

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

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

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

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

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.

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. Malotte [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where defendant discussed with police officers in a secretly taped conversation the commission of a crime, namely, provision of prostitutes, there was no unreasonable invasion of privacy when the conversation was used against her.