| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-50583
|
U.S. v. Shetty
Tax-fraud defendant's transfer of money offshore during IRS criminal investigation constitutes obstruction of justice. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
97-50018
|
U.S. v. Hockings
Computer graphic image files containing retrievable images qualify as visual depictions under child pornography law. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
97-35270
|
Delancy v. Crabtree
Federal statutory sentence reduction for completing drug/alcohol program is inapplicable to pre-guidelines prisoners. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
S063524
|
People v. Hagen
Improper instruction on meaning of 'willfulness' in filing false tax return isn't reversible error. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
96-50653
|
U.S. v. Gomez-Gutierrez
Conviction for illegal re-entry after deportation doesn't require proof of actual notice of deportation hearing. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
96-30215
|
U.S. v. Edmo
Police may demand urine sample as part of search incident to drug-related arrest. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
S064118
|
People v. Lopez
Child annoyance isn't necessarily lesser included offense of committing lewd act on child under 14. |
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 | |
|
S062985
|
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
93-517
|
U.S. v. Van Poyck
No extension of period to file challenge to sentence absent showing of extraordinary circumstances. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
A075838
|
People v. Tufono
During patdown search, officer cannot retrieve object from suspect's pocket that isn't weapon or contraband. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
96-10482
|
U.S. v. Chan-Jimenez
Seizure occurs when officer retains driver's license with hand on gun and proceeds to investigate. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B103412
|
People v. Davis
Defendant cannot collaterally challenge prior conviction on grounds of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
A075759
|
People v. Merfeld
Privilege against self-incrimination doesn't bar prosecution from questioning mentally disordered offender about his mental state. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
F025410
|
People v. Sylvester
Conduct-credit limitation for defendants convicted of violent felonies applies to preconviction custody. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
F026000
|
People v. $48,715 U.S. Currency
Absent factual nexus between search and unlawful detention, the detention doesn't terminate consent to search. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B108485
|
People v. Gohdes
Late-night visits to minor's room through window, aren't sufficient to support finding of 'recurring access.' |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
A077653
|
People v. Torres
Law enforcement entity spending money to purchase drugs doesn't become 'victim' entitled to restitution. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
A074746
|
People v. Smith
New sentence hearing is required where court believed it had no discretion to dismiss prior strikes. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B104533
|
People v. Sanchez
Trial court isn't required to instruct jury on power to nullify the verdict. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
96-50404
|
U.S. v. Boos
In grouping related offenses, 'victim' in federal child pornography statute means minor child depicted in photograph. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
96-10491
|
U.S. v. Gutierrez-Alba
Temporary resident alien status under 'amnesty' statute isn't defense to unlawful re-entry after deportation for conviction. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B107281
|
People v. Sisneros
Possession of device requiring assembly before it can be used as knife isn't dirk or dagger. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B104533
|
People v. Sanchez
Trial court isn't required to instruct jury on power to nullify the verdict. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B102704
|
People v. Banks
Remand is required when sentencing court erroneously believes it doesn't have power to dismiss strikes. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
96-50685
|
U.S. v. Soliz
After 'Miranda' warnings, suspect's agreement to discuss citizenship doesn't allow questioning about alien smuggling. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
S056310
|
People v. Castillo
Defense counsel's failure to request voluntary intoxication instruction isn't ineffective where trial court gave adequate instruction. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
S063524
|
People v. Hagen
Filing of tax returns, not including embezzed money, supports conviction for filing false returns. |
Criminal Law and Procedure |
|
Jun. 9, 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. 9, 1999 | |
|
D028399 and D028400
|
People v. Egbert
Claimed speedy trial violation, statutory or constitutional, does not survive guilty plea in misdemeanor prosecutions. |
Criminal Law and Procedure |
|
Jun. 9, 1999 |
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