| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-50359
|
U.S. v. Hankey
Expert testimony regarding street gang 'code of silence' is admissible to rebut gang member's testimony. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-56884
|
Hernandez v. Campbell
Before any other issue, court must first determine if habeas petition is filed pursuant to 28 U.S.C. Section 2241 or Section 2255. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-50405
|
U.S. v. Byrne
When court indicates ruling wasn't final, verbal approval of acquittal motion isn't final judgment that terminates double jeopardy. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
97-50508
|
U.S. v. Newman
Defendant's prison sentence may not be reduced by amount of time spent in drug-treatment facility while on pre-trial release. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
99-10119
|
U.S. v. Osborn
Where totality of circumstances supports officers' articulable facts justifying temporary detention, evidence seized is not tainted by illegality. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-50206
|
U.S. v. Hernandez
Denial of accused's right to self-representation under Sixth Amendment renders guilty plea involuntary. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
99-55627
|
Whalem/Hunt v. Early
Prison officials' failure to provide copy of Antiterrorism and Effective Death Penalty Act doesn't prevent prisoner from filing habeas petition. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-30082
|
U.S. v. Kubick
Real estate developer retains enhanced prison sentence for bankruptcy fraud and must pay full restitution regardless of ability to pay. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
97-10286
|
U.S. v. Beardslee
Conviction for use of fire to commit mail fraud requires both the fire and fraud to have been completed. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-17223
|
Bains v. Cambra
When suspect voluntarily goes to police station, 'targeted' questioning in unlocked interview room isn't custodial interrogation that triggers Miranda requirements. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-10219
|
U.S. v. Takahashi
Prosecution may introduce evidence that defendant and witness, who claims responsibility for crime, belong to gang whose members take blame for one another. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-35378
|
Baker v. City of Blaine
Defendant's Sixth Amendment rights are not violated when denied counsel at misdemeanor arraignment. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
99-10001
|
U.S. v. Garcia
Police may search car trunk without warrant after occupants have been arrested for drug possession and car is impounded. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
H020240 and H020554
|
Butler v. Superior Court (People)
Under Sexually Violent Predators Act, petition for recommitment must contain evaluations by two psychologists or psychiatrists. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
99-10094
|
U.S. v. Miller
Court has jurisdiction to modify payment of defendant's fine when payment is condition of supervised release. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
99-50201
|
U.S. v. Lopez-Soto
Fourth Amendment stop is not justified by officer's good faith but mistaken belief that defendant was violating law. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-30346
|
U.S. v. Johnson
Court may not consider defendant's juvenile sentences in calculating present sentence where juvenile sentences were not served within five years of current offense. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
B115370
|
People v. Dozier
Minimum term of indeterminate life term for third strike offender should be 25 years to life. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
C028465
|
People v. Fountain
Prior juvenile adjudication for battery with serious bodily injury isn't an offense for three strike purposes. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
D033130
|
People v. Kwizera
Trial court may empower probation department with reasonable authority to supervise probation conditions. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
C029962
|
People v. Marquez
Defendant commits only one count of robbery when he steals from one victim, but property belongs to two people. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
B129486
|
People v. Massey
Murder complaint, dismissed twice due to prosecution's inability to obtain witness attendance at trial, must be reinstated for third time. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
D032612
|
People v. Son
Court's refusal to instruct jury on voluntary manslaughter as lesser included offense of murder, based on theory of imperfect duress, is proper. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
F032060
|
People v. Needham
Authorities may conduct inventory search of motorcycle driven by accused, along with duffel bag temporarily attached to motorcycle. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
B122006
|
People v. Davis
Defendant is eligible for diversion program despite prior felony conviction. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
S024349
|
People v. Sakarias
Argument that prosecutor made inconsistent factual theories and knowingly made false arguments should be decided on petition for habeas corpus, not direct appeal. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
B130553
|
People v. Ramirez
Active involvement in chop shop operation is sufficient to establish that defendant 'operated' chop shop in violation of Vehicle Code Section 10801. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
S071278
|
People v. Felix
Court may impose full term sentence enhancement on attempted murder conviction. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
S077785
|
People v. Rizo
Defendant may be convicted of manufacture of false government documents intended for illegal aliens, but sold to U.S. citizens. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
B134730
|
People v. Andrade
Defense counsel's tactical decision not to call defendant as witness produces unjust result that merits new trial. |
Criminal Law and Procedure |
|
May 5, 2000 |