| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F028124
|
People v. Callahan
Defendant isn't precluded from introducing specific instances of good behavior, when state introduces evidence of defendant's prior bad acts. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
S044043
|
People v. Soto
Unmodified rule of DNA forensic analysis is generally accepted in the scientific community and admissible in a criminal prosecution. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
S068741
|
People v. Woods
Warrantless search of felon's house, conducted as pretext to discover evidence against felon's roommates, is constitutional. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
S043131
|
In re Sanders
Abandonment by counsel may excuse substantial delay in filing habeas corpus petition in capital murder case. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
B122817
|
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
F029647
|
People v. Hustead
Defendant's allegations that officer's report contained material falsehoods is good cause entitling defendant to discovery of officer's personnel records. |
Criminal Law and Procedure |
|
Sep. 22, 1999 | |
|
A085812
|
Saba v. Stroup
A judgment creditor may not attach to an arrestee's property seized in connection with a criminal matter. |
Criminal Law and Procedure |
|
Sep. 19, 1999 | |
|
S080676
|
People v. Diller
Prior juvenile adjudication thats violent offense under penal code, but not listed in welfare and Institutions Code, doesnt qualify as strike. |
Criminal Law and Procedure |
|
Sep. 19, 1999 | |
|
99-0146
|
State ex rel. Romley v. Hutt (Treen)
Person who is victim of theft isn't required under Victims' Bill of Rights to give pretrial interview to defendant. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
98-0570
|
Zuther v. State
Amendment to 'Gate-Money' statute does not apply retroactively. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
98-0085 and 98-0738
|
State v. Quintana
Where trespass charge is properly designated as a misdemeanor, no right to jury trial exists. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
96-0873
|
State v. Rosario
Notice, by prisoner representing himself, of petition for postconviction relief is deemed filed when given to department of corrections for mailing. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
98-50297
|
U.S. v. Machado
At trial for two misdemeanor counts, each side receives only three peremptory challenges, despite possibility of sentence greater than one year. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
97-10551 and 97-10552
|
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search. |
Criminal Law and Procedure |
|
Sep. 14, 1999 | |
|
E022901
|
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
A083931
|
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
S067155
|
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
B127801
|
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
98-184
|
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search. |
Criminal Law and Procedure |
|
Sep. 9, 1999 | |
|
98-184
|
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights. |
Criminal Law and Procedure |
|
Sep. 9, 1999 | |
|
97-50174
|
U.S. v. Mikaelian
State's failure to request downward departure from Sentencing Guidelines doesn't relieve trial court's duty to cooperation. |
Criminal Law and Procedure |
|
Sep. 7, 1999 | |
|
98-0560
|
State v. Tamplin
The trial court was proper in its jury instruction regarding the defendant's knowledge of the wrongfulness of his conduct. |
Criminal Law and Procedure |
|
Sep. 7, 1999 | |
|
B110243
|
People v. Douglas
Order suspending defendant's sentence, granting probation, and declaring charged offenses to be misdemeanors isn't appealable. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
D027853
|
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E021252 and E021607
|
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
B121168
|
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S069783
|
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
s069793
|
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S072560
|
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S071999
|
People v. Ray
Police officers may enter unoccupied residence without warrant based on reasonable suspicion of exigent circumstances. |
Criminal Law and Procedure |
|
Sep. 6, 1999 |
