Legal Opinion

People v. Barnard

California Court of Appeal

Decided December 21, 1982No. Crim. 12740PublishedCited by 6 opinions

1Opinion of the Court

Opinion

MORRIS, P. J.

In this appeal we consider (1) under what circumstances an appellate court may order a trial court’s ex parte certification of materials erroneously omitted from the trial record; (2) whether an asserted public interest not reflected in statutory command can preclude application of the invited error doctrine; and (3) whether a tactical police decision to delay arrest pursuant to a valid arrest warrant rendered the subsequent entry into defendant’s house illegal.

Defendant was convicted after a trial of two violations of Health and Safety Code section 11350 (possession of…

2Cases cited35 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. United States v. LefkowitzSupreme Court of the United States · 1932
  3. People v. WickershamCalifornia Supreme Court · 1982
  4. People v. LawlerCalifornia Supreme Court · 1973
  5. People v. GrahamCalifornia Supreme Court · 1969

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3Cited by6 opinions

  1. People v. WaplesCalifornia Court of Appeal · 2000
  2. People v. MooreCalifornia Court of Appeal · 1988
  3. People v. GallandCalifornia Supreme Court · 2008
  4. People v. CurryCalifornia Court of Appeal · 1985
  5. People v. HaynesCalifornia Court of Appeal · 1984

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