| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C031558
|
Alt v. Superior Court (People)
Personnel records of police officer not present during arrest or before booking are discoverable unless discovery relates to arrest or prebooking conduct. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
|
A085447
|
In re Bode
There is no 30-day deadline for providing life prisoners with transcripts of their parole hearings. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
|
F024218
|
People v. Rusco
Simple possession charge is lesser included offense to possession of same marijuana for sale. |
Criminal Law and Procedure |
|
Oct. 20, 1999 | |
|
95-56586
|
Parretti v. U.S.
Government must establish intentional extraditee is flight risk to justify no-bail detention pending extradition hearing. |
Criminal Law and Procedure |
|
Oct. 20, 1999 | |
|
99-0034, 99-0040, and 99-0057
|
Mack v. Cruikshank
Defendants charged with two counts of driving while under the influence warrants dismissal of one count after breathalyzer test is found defective. |
Criminal Law and Procedure |
|
Oct. 19, 1999 | |
|
S080629
|
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. |
Criminal Law and Procedure |
|
Oct. 18, 1999 | |
|
B117372
|
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. |
Criminal Law and Procedure |
|
Oct. 14, 1999 | |
|
B114174
|
People v. Rizo
When the crime charged can't be committed due to factual impossibility, then defendant can only be convicted of attempt. |
Criminal Law and Procedure |
|
Oct. 14, 1999 | |
|
A068978
|
People v. Mendoza
Failure of jury verdict to specify convictions are for first degree murder is harmless error. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
S078718
|
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
98-0004
|
State v. Saiers
Trial court isn't required to give instruction on the consequences of a guilty-except-insane verdict. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
98-922
|
Pogue v. Ratelle
Plea agreement regarding property found in defendant's car doesn't bar robbery charges for unrelated crimes. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
A075990
|
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
C025164
|
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
S068729
|
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
|
D026713
|
People v. Hedge
Sexually Violent Predators Act satisfies federal substantive due process and is not unconstitutional. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
D025750
|
People v. Martinez
Substantial evidence supports finding no prejudice to defendant by four-year delay before information filed. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
A079196
|
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
B110417
|
People v. Lawrence
Court has discretion under Three Strikes law to sentence concurrently for crimes committed on same occasion. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
B106003
|
People v. Kidd
Whether a prior conviction is a serious felony for 'three strikes' purposes is a question of law. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
S069616
|
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
G018045, G018046 and G018057
|
People v. Le
When challenged by defense, prosecution must prove statute of limitations had not tolled. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
B112071 and B112073
|
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
|
G022678
|
People v. Hoxter
Officers may rely on consent to enter the residence given by defendant's 16-year-old daughter. |
Criminal Law and Procedure |
|
Oct. 11, 1999 | |
|
S062147
|
People v. Diaz
Conviction for premeditated attempted murder is error since information charged defendant with lesser offense. |
Criminal Law and Procedure |
|
Oct. 7, 1999 | |
|
S077367
|
People v. Dozier
Tripling 'minimum' of indeterminate life sentence for offender's third strike isn't proper under 'Three strikes' law. |
Criminal Law and Procedure |
|
Oct. 7, 1999 | |
|
S067779
|
People v. Barra
Doubling provision of three strike law applies to determinate life sentence. |
Criminal Law and Procedure |
|
Oct. 6, 1999 | |
|
99-0087 and 99-0088
|
State v. Jones
Incarceration is not mandatory for second-time drug offenders already sentenced to intensive probation for the first offense. |
Criminal Law and Procedure |
|
Oct. 6, 1999 | |
|
98-10359 and 98-10360
|
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter. |
Criminal Law and Procedure |
|
Oct. 3, 1999 | |
|
97-50148 and 97-50149
|
U.S. v. Medina
Legality of search by state officers need not be assessed to determine admissibility of seized evidence in subsequent unconnected and unanticipated federal prosecution. |
Criminal Law and Procedure |
|
Sep. 30, 1999 |
