| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S052136
|
Hubbart v. Superior Court (People)
Sexually Violent Predators Act is constitutional on face and isn't double jeopardy nor ex post facto violation. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
S058197
|
People v. Howard
When court imposes sentence but suspends execution for probation, after revocation sentence cannot be reduced. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
97-0471
|
State v. Adams
Conviction for first-degree murder with sentence of death appropriate under the circumstances. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
95-99014
|
Thompson v. Calderon
Absent prejudice to defendant, grant of habeas relief for ineffective assistance of counsel is erroneous. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
B103406
|
Alvarado v. Superior Court
Court may withhold identities of witnesses from defense after determining witnesses are in mortal danger. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
B105297 and B105344
|
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.' |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
E016936
|
People v. Reed
Defendant's acts constitute attempt and not mere preparation to commit crime of attempted molestation. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
B093738
|
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
B106065
|
Thompson v. Superior Court (People)
Defendant's raw, written witness interview notes must be given to government in discovery. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
S053191
|
People v. Rosbury
Appellate court errs by equating 'sentence' imposition following defendant's probation violation with a current conviction. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
D024844
|
People v. Lamonte
Court must return computer equipment seized by police and allegedly used by defendant for crimes. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-15521
|
Miles v. Stainer
Defendant's failure to take psychotropic medication two weeks before guilty plea raises competency reasonable doubts. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-10054
|
U.S. v. Viltrakis
Defendant lacks standing to appeal amount of fees ordered to be paid to defense witness. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-10052 and 96-10059
|
U.S. v. Merriam
Securities dealer's lifetime bar from national association doesn't preclude subsequent fraud prosecution for same acts. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-30159
|
U.S. v. Webster
Face value of uncut counterfeit bills determines level of sentence enhancement for passing counterfeit currency. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
95-99009 and 95-99013
|
Moore v. Calderon
Habeas relief provided after state court denies murder defendant's self-representation request weeks before trial. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
95-35878
|
Martin v. U.S. Parole Commission
Parole Commission retains jurisdiction over parolee as mandated by parole statute despite repeal of statute. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-35373
|
U.S. v. Harris
Federal bank robbery statute requires prosecutor to establish a connection to interstate commerce. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
95-30404
|
U.S. v. Mendoza
Federal district of alleged crime is venue for prosecuting aiding and abetting drug possession for distribution. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-10127
|
U.S. v. Clayton
Telephones, cellular phone cloning tools and ID numbers are state commerce instrumentalities under commerce clause regulation. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
95-1598
|
Young v. Harper
Defendant ordered back to prison after being granted early release is denied due process. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
96-738
|
Salinas v. United States
Deputy sheriff's conviction for bribery, after allowing female 'contact visits' with federal prisoner, is justified. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
D025705
|
People v. Houck
Preliminary hearing transcript isn't part of 'record of conviction and isn't admissible. |
Criminal Law and Procedure |
|
Jul. 26, 1999 | |
|
B089378
|
People v. Robinson
Court's refusal to appoint indigent defendant's chosen attorney at retrial isn't abuse of discretion. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
94-70565
|
Calderon v. U.S. District Court (Gordon)
State cannot challenge capital habeas corpus petitioner's request under Anti-Drug Abuse Act for investigation funds. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
94-10507
|
U.S. v. Morales
Expert witness' opinion on predicate matter allows jury to infer whether defendant had required mens rea. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-50308
|
U.S. v. Eshkol
Government's addition of charge after learning of defense theory does not implicate due process concerns. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-50309
|
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
S044184
|
People v. Gardeley
Defendant's prior offenses don't have to be gang related to satisfy statutory enhancements for gang activity. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
S057811
|
Duran v. Superior Court (People)
Defendant is entitled to hearing on request for juror's personal information based on possible juror misconduct. |
Criminal Law and Procedure |
|
Jul. 25, 1999 |
