| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S070960
|
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
98-10175
|
U.S. v. Saenz
Defendant claiming self-defense in assault case can show his own state of mind by testifying to personal knowledge of victim's past violent acts. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50171
|
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50251
|
U.S. v. Estrada-Torres
Previously deported resident alien isn't entitled to discretionary relief if improper interpretation of discretionary relief statute isn't effective at time of deportation order. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
96-50609
|
U.S. v. Garrett
Defendant who had been granted change of attorneys and then allowed to proceed pro se isn't prejudiced by refusal of eve-of-trial continuance. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
97-50100, 97-50111, 97-50113 and 97-50171
|
U.S. v. Frega
Attorney and judges are properly tried in federal court of Racketeer Influenced and Corrupt Organizations Act offenses involving bribery of state officials. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
97-50555
|
U.S. v. Sorensen
Mortgage broker can't be convicted of making false statements with regard to unsigned loan application. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50369
|
U.S. v. Buckner
Border patrol agents have probable cause to arrest passenger in car after discovery of hidden drugs in car entering United States. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50345
|
U.S. v. Beltran-Garcia
Jury instruction on permissive inference of knowledge isn't error where drug's commercial quantity isn't denied by defendant and 'blind mule' defense is asserted. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
E021188 and E022053
|
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B120730
|
People v. Hampton
In joint trial, admission of one defendant's confession doesn't violate co-defendant's right to confront if all references to co-defendant are redacted. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B118285
|
People v. Macauley
Conviction for arson of property qualifies defendant for involuntary commitment as a mentally disordered offender. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
A079134 and A083670
|
People v. Tillman
Rape conviction may be both element of crime of failure to register as sex offender and strike under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
E021188 and E022053
|
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
C028605
|
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
A082268
|
People v. Bersamina
Instructing jury that it could conclude defendant molested child if it found by preponderance he committed prior sexual offense is grounds for reversal. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B131671
|
People v. Superior Court (Lujan)
For lying-in-wait special circumstances allegation in murder case, the amount of time concealed must be 'substantial.' |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B124811
|
People v. Mosley
For 'Miranda' purposes, questioning a defendant while being transported in ambulance to hospital isn't custodial interrogation. |
Criminal Law and Procedure |
|
Sep. 2, 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. 2, 1999 | |
|
S057834
|
People v. Jefferson
Three strikes law requires doubling of minimum fifteen-year term for gang-member defendant with prior strike who was convicted of attempted murder. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
S062379
|
People v. Birkett
As insurers are not 'direct' crime victims, they don't have the right to receive restitution from convicted criminals. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
S064081
|
People v. Nguyen
For second-strike defendants convicted of multiple counts, one-third of middle term of consecutive determinate term is doubled. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
S005970
|
People v. Hart
Defendant who fails to challenge jurors for cause or through peremptory challenge isnt entitled to relief on appeal. |
Criminal Law and Procedure |
|
Aug. 26, 1999 | |
|
S069783
|
People v. Garcia
Trial courts grant of leniency to defendant is error resulting in an unauthorized sentence. |
Criminal Law and Procedure |
|
Aug. 26, 1999 | |
|
S059302
|
People v. Garcia
Prior juvenile adjudication not a 'strike' unless juvenile was adjudged ward of court for Welfare and Institutions Code Section 707(b) offense. |
Criminal Law and Procedure |
|
Aug. 26, 1999 | |
|
97-5172
|
U.S. v. Hanzlicek
Where defendant becomes a fugitive while his case is pending on appeal, state can invoke disentitlement doctrine to dismiss defendant's appeal with prejudice. |
Criminal Law and Procedure |
|
Aug. 17, 1999 | |
|
B103406
|
Alvarado v. Superior Court (People)
Court can withhold identities from defense after determining from evidence witnesses face mortal danger. |
Criminal Law and Procedure |
|
Aug. 17, 1999 | |
|
F024209
|
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law. |
Criminal Law and Procedure |
|
Aug. 12, 1999 | |
|
98-0558 and 99-0014
|
State v. Galati (Petersen)
Trial court may not bifurcate trial by withholding guilty plea or stipulation to prior convictions that are elements of charged offense. |
Criminal Law and Procedure |
|
Aug. 11, 1999 |
