| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-56215
|
Henry v. Lungren
Jurisdiction by "relating back" to earlier habeas petition is improper if petitioner's not in custody before second filing. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
97-10143 and 97-10248
|
U.S. v. Scholl
Testimony supporting compulsive gambler defense properly excluded in federal prosecution. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
97-17143
|
Vansickel v. White
Absent prejudice, automatic reversal's unavailable where timely objections to due process violations aren't made. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
E020833
|
People v. Matthews
Insufficient evidence to support conviction for removing or taking officer's weapon where officer drops gun after being run into by the defendant. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
98-15248
|
Lisenbee v. Henry
Due process isn't violated by use of 'abiding conviction' language in jury instruction on reasonable doubt. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
H018379
|
People v. Superior Court (Roam)
Prior to sentencing, convicted 'Three Strikes' defendant can't be released on supervised own recognizance to attend drug rehabilitation. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B120363
|
People v. Terrell
Sentencing court erred when it failed to impose parole revocation fine and statutory assessments against defendant. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B113866
|
In re Pratt
Habeas corpus properly granted where trial judge's factual resolutions of evidentiary conflicts supported by substantial evidence. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
F027262
|
People v. Ellis
Harmless error not to provide amplifying instructions defining speeding where giving instruction for felony driving under the influence. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
F028529
|
People v. Garcia
Defendant can be convicted under provocative-act theory of murder even if murder was committed by accomplice. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B120658
|
Mardesich v. California Youthful Offender Parole Board
Trial court must exercise independent review over California Youthful Offender Parole Board's decision to transfer individual out of California Youth Authority. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B118432
|
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
H018530
|
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
H017604
|
People v. Fernandez
Failure to meet notice requirement of Mentally Disordered Offender statute doesn't result in automatic release of prisoner. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
F026945
|
People v. West
Insufficient proof of defendant having received two prior determinate sentences for sexually violent offenses, precludes finding that defendant is sexual violent predator. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
D028216
|
People v. Goslar
Vehicular manslaughter statute with different blood alcohol levels required for conviction depending on individual's age isn't void for vagueness. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
E022250
|
People v. Parra
Proof of intent to sell illegal drugs doesn't require defendant to have intent to sell personally, only intent that drugs are sold. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B115365
|
People v. Wilborn
Failure of court to question prospective jurors regarding racial bias deprives defendant of a fair and impartial jury. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B123311
|
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
G021244
|
People v. Rangel
Ordering a diagnostic evaluation by the California Youth Authority, for sentencing purposes, is within trial court's discretion. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
G022098
|
People v. Felix
Truth in Evidence Clause doesn't abrogate Evidence Code's criteria for the admission of character evidence. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B116960
|
People v. Lavaie
Simply being missing isn't sufficient evidence to support prison escape conviction, even though it's sufficient to find prison rule violation. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
E021569
|
People v. Mercer
Evidence sufficient to establish defendant as sexually violent predator when fact-finder determines defendant will re-offend. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B126913
|
Millsap v. Superior Court (People)
Although entire office need not be recused, particular Deputy District Attorneys, who defendant targeted in murder solicitation, must be recused. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
S060352
|
People v. Lee
Reversal of conviction is improper where failure to inform jury about misdemeanor manslaughter version of involuntary manslaughter favors defendant. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
S068395
|
People v. Douglas
Appeal that's unrelated to probation order is procedurally proper if there's no threat to defendant's probation. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B123311
|
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
98-6313
|
Major v. Klinger
Order |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
98-1396
|
Schroder v. Schlatter
Order |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
95-3354
|
Buritica v. United States
Incentive program rewarding Customs agents who seize drugs may be unconstitutional. |
Criminal Law and Procedure |
|
Mar. 29, 1999 |
