| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S061678
|
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-99023
|
Gretzler v. Stewart
No due process violation for not appointing independent psychiatrist to aid capital defendant's insanity defense. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-0295
|
U.S. v. McCrickard
Amendment giving magistrates authority to try minor offenses without defendant's consent is constitutional. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-30018
|
U.S. v. Arteaga
For money-laundering, customer provided information on telegraph carrier's form is admissible against defendant-declarant. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B100137
|
People v. Marzet
Enhancement for narcotics offense within school zone applies to conspiracy conviction if overt acts near school. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B099922
|
People v. Howard
Joyriding is specific intent crime requiring finding of unpermitted taking for temporary use or operation. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B103529
|
People v. Glenn
Government has right to relitigate suppression motion a second time regardless of when it was granted. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
E016327
|
People v. Milosavljevic
Prior assault conviction justifies sentencing enhancement although original sentencing court stayed term for assault enhancement. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
D026379
|
People v. Amwest Surety Insurance Co.
Court doesn't lose jurisdiction to declare forfeiture by not doing so at defendant's first nonappearance. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B102453
|
People v. Rose
Aider and abettor isn't entitled to reduction of convictions to misdemeanors despite perpetrator's misdemeanor conviction. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B100300
|
People v. Santiago
Physically-abused child's consent to police entry into home and gathering of evidence is valid. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B099657
|
People v. Bierman
Defendant gets resentencing if pre-'Romero' record is silent on court's discretion to strike prior conviction. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
E017926
|
People v. Horejs
Officer has the right and the duty to determine why car is weaving in unmarked lane. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
A072329
|
People v. Chandler
Court's consideration of trustworthiness of evidence of victim's prior sexual conduct is harmless error. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
A072760
|
People v. Mowatt
Hunting knife doesn't qualify as 'dirk or dagger' under statute prohibiting possession of concealed weapon. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
S055400
|
People v. Macias
Minor's statements at juvenile hearing are admissible for sole purpose of impeachment at defendant's trial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-10255
|
U.S. v. Solano-Godines
Presentation of false identification doesn't support enhancement for obstruction of justice after illegal re-entry conviction. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-30035
|
U.S. v. Beydler
Hearsay exception for statements against penal interest doesn't apply to information given for leniency exchange. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-50361
|
U.S. v. Mathews
Upward departure in sentencing resulting in greater sentence than conviction of additional crimes distorts guidelines. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-50472
|
U.S. v. Nevarez-Castro
Competency hearing is required after medical facility reports defendant, committed for incompetency, can stand trial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-16950
|
Perez v. Marshall
Sole defense holdout juror can be dismissed for emotional incapacity to deliberate. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-10398
|
U.S. v. Schiller
No double jeopardy from federal drunken driving prosecution after suspension of military driving privileges. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B097732
|
People v. Williams
Double jeopardy doesn't bar defendant from facing second trial after first trial ends in mistrial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-15772
|
Pollard v. White
Missing malice instruction doesn't undermine second-degree murder after mistaken identity defense and intentional shooting finding. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-35793
|
U.S. v. Check No. 25128 In The Amount Of $58,64.11
Federal government gets forfeiture of city check representing money given to DEA from unlawful drug seizure. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-30393
|
U.S. v. Calozza
Enhancement to determine base of grouped offenses and enhance other grouped offenses is impermissible double counting. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
G015833
|
People v. Peoples
Attorney cannot represent her brother accused of assaulting father of her children who were witnesses. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
95-30230 and 95-30236
|
U.S. v. Lopez
Under Sentencing Guidelines, conspiracy and money-laundering convictions of drug trafficker should be grouped. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S056513
|
People v. Montero
Vehicle asportation after victim dispossession isn't required element of carjacking. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
E018206
|
People v. Johns
Molested child can testify with mother sitting next to him without violating defendant's confrontation right. |
Criminal Law and Procedure |
|
Jun. 22, 1999 |
