RECENT COURT DECISIONS PAGE*

 

People v Hofsheier (California Supreme Court 3/6/06)

          This decision was long overdue. The California Supreme Court ruled that it is a denial of equal protection to automatically require a defendant convicted of consensual oral copulation with a minor to register as a sex offender for the rest of his life when those convicted of consensual sexual intercourse with a minor (stat rape) are not.
          (Note - the trial judge still has discretion to order registration in these circumstances, but is no longer required to do so.)

People v Thompson (California Supreme Court (6/1/06)

          Bad case. The court ruled 6-1 that the police can enter a DUI suspect's home to arrest him without a warrant or consent on the theory that his blood alcohol content would be diminishing as they waited for a judge to issue a warrant. However, the court relied significantly upon the fact that the visibly intoxicated defendant in that case was standing only a few feet inside his front door when the cops arrived.
          One who has just come home from a night of revelry might consider remaining much farther inside his house and very quiet should he hear a knock at his front door.

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