| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-99014
|
Thompson v. Calderon
Absent prejudice to defendant, grant of habeas relief for ineffective assistance of counsel is erroneous. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
94-50574 and 94-50575
|
U.S. v. Henson
Congress has authority under commerce clause to prescribe enhancements for intrastate drug trafficking near schools. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
95-50282
|
U.S. v. Ross
Absent showing of prejudice, there is no due process violation for 12-year indictment delay. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
96-15755
|
Falcone v. Stewart
Double jeopardy bars resentencing defendant on final conviction after mistaken lighter sentence from unrelated case. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
94-35684
|
Walters v. McCormick
Videotaped testimony of child victim doesn't violate confrontation rights if willingness to lie demonstrated. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S055275
|
People v. Hendrix
Court has discretion to order consecutive sentences when multiple convictions are based on single act. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
95-50609
|
U.S. v. Hay
48-day recess in trial to accommodate juror vacations requires reversal without showing of actual prejudice. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
94-390
|
U.S. v. Navarro
Dismissal is warranted when court lacks jurisdiction because prosecutor isn't authorized to represent United States. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S058027
|
People v. Mendoza
Jury may consider voluntary intoxication in connection with charges based on aiding and abetting theory. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S010334
|
People v. Scott
Death penalty upheld for defendant who raped victim and set her on fire, resulting in death. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
E018229
|
People v. Akins
Imposing two separate sentence enhancements for two separate robberies involving different victims is proper. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
C020731
|
People v. Robinson
Denial of defendant's motion to represent himself is reviewable after plea of no contest. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
B105406
|
People v. Duarte
Trial court must advise defendant of consequences of admission to prior theft-related convictions. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
B102354
|
People v. Thomas
In multiple count life sentence case, minimum term is calculated separately for each count. |
Criminal Law and Procedure |
|
Jun. 20, 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. 20, 1999 | |
|
D025750
|
People v. Martinez
Substantial evidence supports finding no prejudice to defendant by four-year delay before information filed. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
95-30370
|
U.S. v. Lacy
Search warrant for child pornography downloaded by defendant's computer 10 months earlier isn't impermissibly stale. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
97-55089
|
In re Grand Jury Subpoena
Court's decision not to hold a pre-indictment hearing regarding compelled testimony isn't appealable order. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
95-55525
|
Hartman v. Summers
Challenge to scheme for releasing insanity acquittees without allegation for release, fails for lack of standing. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
C025288
|
In re Winner
Statute precluding restoration of forfeited worktime credits isn't ex post facto law as applied to prisoner. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-50035
|
U.S. v. Rogers
Judge's acquisition of stock in defendant's corporate victim after sentencing doesn't require recusal on resentencing. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
94-10022 and 94-10023
|
U.S. v. Knapp
With overwhelming materiality evidence of false statements, removal of issue from jury isn't reversible error. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-50241
|
U.S. v. Kemmish
Defendant's conduct as major child pornography distributor isn't pattern of sexual exploitation for enhancement purposes. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-17091
|
Lopez-Smith v. Hood
Mental deficiency rendering person incapable of standing trial is not basis for deferring extradition. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-30204
|
U.S. v. Rudberg
Prosecutor uses impermissible vouching by repeated references to cooperating witnesses' truthfulness agreement for reduced sentences. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-50299
|
U.S. v. King
Mailing threatening communication conviction requires proof of specific intent to threaten. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
B102454
|
People v. Keelen
Court has discretion to determine length of term to be tripled under three strikes law. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
97-80296
|
Woratzeck v. Stewart
Former defense counsel's involvement as prosecutor in death-penalty clemency hearing isn't constitutional conflict of interest. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
98-0468
|
State v. Omeara
Inference of criminal activity provides reasonable suspicion for 45 minute investigative detention. |
Criminal Law and Procedure |
|
Jun. 18, 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. 18, 1999 |
