Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
95-50378
|
U.S. v. Qualls
State law controls right of former felon to possess firearms. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
S061917
|
People v. Cole
Relitigation of whether defendant's prior convictions were brought separately isn't prohibited by double jeopardy prohibition. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
H015807
|
People v. Yarbrough
Right to jury trial on enhancement allegation isn't violated if issue isn't raised before jury discharged. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
G019145
|
People v. Ortiz
Evidence is sufficient to support sentencing enhancement for crimes committed for benefit of street gang. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-16320
|
Franklin v. Henry
Child's claim of mother's molestation is admissible in trial against accused man to show sexual fantasies. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-30169
|
U.S. v. Conway
Warrantless probation search under Washington state law satisfies Fourth Amendment reasonableness standard. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-50131
|
U.S. v. Leasure
'Miranda' warning is not required for pre-primary inspection questioning at border crossing. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-50605
|
U.S. v. Garcia-Camacho
Resisting arrest causing border patrol agent's broken ankle allows sentence enhancement for serious bodily injury. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
C024461
|
People v. Klockman
Court lacks jurisdiction to impose sentence for charge pending in court of another county. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-56000
|
In re Grand Jury investigation Concerning Solid State Devices Inc. and Unisem International
Government contractor doing legitimate activity gets back property taken under warrant for seizure of all records. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-99000
|
McDowell v. Calderon
In capital murder case, court must clear up jury's confusion over mitigating evidence with explicit direction. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
H014577
|
People v. Venegas
Prior finding of defendant's fitness to be dealt with under juvenile court law may be inferred. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
S060507
|
People v. Houck
Preliminary hearing transcript isn't part of 'record of conviction' and therefore isn't admissible to prove strike. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
96-30199
|
U.S. v. Stockdale
Sentence reduction based on downgrade of marijuana weight equivalencies doesn't include benefit of 'safety valve' statute. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
S064118
|
People v. Lopez
Child annoyance is not necessarily lesser included offense of committing lewd act on child. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
S064007
|
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. 10, 1999 | |
S054812
|
People v. Aguilar
Conviction cannot stand since assault with deadly weapon cannot be committed with hands or feet. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
96-10344
|
U.S. v. Etsitty
In federal prosecution for kidnapping by seizure and assault, merger doctrine doesn't bar separate convictions. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
A074455
|
People v. McCray
Conviction for stalking based on harassing conduct occurring on same day is warranted. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
C021506
|
People v. Carter
10-year limit on subordinate terms applies only to nonviolent robberies with use of deadly weapon. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
A071827
|
People v. Crawford
Failure to instruct on presumption of innocence and prosecution's burden of proof is fatal to conviction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
A072648
|
People v. Sohrab
Court must advise of right to counsel at municipal court arraignment and subsequent superior court arraignment. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
94-50584
|
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
95-30157
|
U.S. v. Bighead
Government expert can testify on general characteristics of abused children after interviewing many alleged victims. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
C023863
|
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
A075825
|
People v. Hansen
Encouraging victim to play Russian roulette is sufficient to establish felony child endangerment. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
F025922
|
People v. Griggs
Juvenile adjudication for residential burglary qualifies as strike under the three strikes law. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
96-30150
|
U.S. v. Stein
$6.3 million loss to victims doesn't substantially exceed $5 million level to justify upward sentencing departure. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
93-50649, 94-50430, 94-50438, 94-50468, 94-50492, 94-50520 and 94-50649
|
U.S. v. Otis
Conspiracy to launder money isn't lesser included offense of aiding/abetting conspiracy to distribute. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
94-50518
|
U.S. v. Cain
Defense attorney's subscription to joint jury instructions waives error of misdefinition of element of charged offense. |
Criminal Law and Procedure |
|
Jun. 10, 1999 |