| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-10312
|
U.S. v. Loyola-Dominguez
Trial court errs in failing to hold competency hearing for defendant who attempted suicide before trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-50492, 96-50494, 96-50495 and 96-50515
|
U.S. v. Baggett
Sentencing court must specify which restitution statute applies in sentencing order for telemarketing fraud conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B106035
|
People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissal of Hispanic jurors is rejected. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
C012464
|
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
b104261
|
People v. Fox
Garage attached to house is considered part of inhabited structure for purpose of defining burglary. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H015880
|
People v. Townsend
Drug sale near school during any time when children are on campus requires sentence enhancement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F026595
|
People v. Martinez
Defendant can be impeached with felony conviction for wobbler offense even though sentencing hasn't yet occurred. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B097693
|
People v. Taylor
Defense counsel's acceptance of additional peremptory challenges waives objection to erroneous denials of earlier challenges. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B117437
|
Butler v. Superior Court (People)
Court can't grant writ regarding eligibility for deferred entry of judgment because only remedy is appeal. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
97-50216
|
U.S. v. Sanchez-Anaya
District court may follow sentencing guidelines notwithstanding calculation error in plea agreement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-56726
|
Singh v. Prunty
Prosecution's failure to disclose benefits provided to witness violates due process in circumstantial evidence case. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F027859 and F029150
|
People v. Joyce
Defendant has no claim of ineffective assistance where no prejudice arose from attorney's alleged omission. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F025108
|
People v. Franklin
Prior felony conviction constitutes strike under 'three strikes' law, despite post-sentence reduction to misdemeanor. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
F025108
|
People v. Franklin
Prior felony conviction constitutes strike under 'three strikes' law, despite post-sentence reduction to misdemeanor. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
D025605
|
People v. Honea
When trial court imposes sentence it should award actual time credit for days spent in prison. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
C021470
|
People v. Newsome
Consecutive sentences are not mandatory under three strikes law. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
E017959
|
People v. Lepe
Admission of testimony given at preliminary hearing held after enactment of Proposition 115 isn't unconstitutional. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
94-10579
|
U.S. v. Uchimura
Incorrect ruling of materiality as question of law in false tax return prosecution isn't reversible error. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
S063296
|
People v. Marroquin
Conviciton for street gang participation based on same events from earlier conviction violates double jeopardy. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
S063272
|
People v. Hooker
No suppression absent showing defendant's confession is product of third party's involuntary admission. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
S063087
|
People v. Perry
Co-defendant can use evidence on own behalf even though it was suppressed in defendant's case. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
96-427
|
U.S. v. Tomison
Defendants' ex-parte motion before trial to subpoena documents held by third parties is permitted. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
96-1185
|
U.S. v. Marolf
Proper remedy for defective notice in forfeiture action is to consider claim on the merits. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
96-50436
|
U.S. v. Colace
No sentence reduction for aberrant behavior after multiple violent felonies in short period and defendant flees. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
B104174
|
People v. Espinoza
Three strikes law supersedes general punishment statute when current felony is attempt crime for repeat offender. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
96-50120
|
U.S. v. Petrosian
Selling imitation beverage in genuine cola label is using spurious mark under federal counterfeit trafficking statute. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
H016592
|
People v. Superior Court (Gremminger)
District attorney must comply with Evidence Code when seeking personnel records of former police officer. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
B098423
|
People v. Banks
Statute prohibiting the manufacture, possession, or sale of 'cloned' cellular phones is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
B107564
|
People v. Keith
Hearsay evidence can be used to revoke probation based on substantial degree of trustworthiness. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
H014664
|
People v. Valdez
Hearsay testimony by gang expert is admitted to show defendant and others had common purpose. |
Criminal Law and Procedure |
|
Jun. 14, 1999 |
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