| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S057834
|
People v. Jefferson
Three strikes law is inapposite to defendant with one strike and term for current offense is indeterminate. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
98-4113
|
U.S. v. Orendain
Order |
Criminal Law and Procedure |
|
Jul. 23, 1999 | |
|
97-0280
|
State v. Kayer
Potentially invalid plea agreement can't be challenged for the first time on appeal. |
Criminal Law and Procedure |
|
Jul. 22, 1999 | |
|
95-10525
|
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause. |
Criminal Law and Procedure |
|
Jul. 20, 1999 | |
|
95-1268
|
Maryland v. Wilson
Officer making traffic stop can order passengers out of car pending completion of stop. |
Criminal Law and Procedure |
|
Jul. 20, 1999 | |
|
95-7452
|
Lynce v. Mathis
Statute canceling provisional release credits for prisoners violates the ex post facto clause. |
Criminal Law and Procedure |
|
Jul. 20, 1999 | |
|
G018069
|
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
A073287
|
People v. Torres
Court can require defendant convicted of drug offense to waive custody credits as condition of probation. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
C021002
|
People v. Coley
Loss of exhibits by trial court doesn't warrant overturning conviction absent attempt to reconstruct evidence. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
D024260
|
People v. Reyes
Evidence of mental disorder and intoxication is admissible to refute essential element of crime. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
F025323
|
People v. Sanchez
Defendant cannot be ordered to give blood and handprints under statute not including attempted murder. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
A072629
|
People v. Gaines
Prosecutor commits misconduct by attempting to tell jury why defense witness did not testify. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
G020239
|
Ng v. Superior Court (People)
Discretion is abused by relieving appointed defense counsel absent factual showing of impairment by representation. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
C016755
|
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-10106
|
U.S. v. Washington
Evidence that accomplice had gun supports conviction for 'use' of firearm during crime of violence. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10556
|
U.S. v. Bonat
Plea transcripts are used to determine status of prior convictions under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-30156
|
U.S. v. Flores-Uribe
Sentencing court lacks jurisdiction to issue deportation order at defendant's request without request from INS. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-50076 and 95-50079
|
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-30253
|
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-50534
|
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-50492
|
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10525
|
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
G018069
|
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
94-294
|
U.S. v. Mendoza
Jurisdiction isn't lost after prosecutor with defective appointment appears post-indictment and conducts case. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
A070538
|
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-7185
|
Bates v. United States
Specific intent to injure or defraud government isn't element of misapplying federally-insured student loan funds. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-30103
|
U.S. v. Gilcrist
Determining 15-year offense cutoff for criminal history, parole to serve consecutive sentence ends prior term. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
96-50270
|
U.S. v. Kim
De novo review is required for district court's decision on authority to consent to search. |
Criminal Law and Procedure |
|
Jul. 18, 1999 |
