Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-50011
|
U.S. v. Malandrini
Period of supervised release doesn't begin running until after defendant is released from prison. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-10139 and 97-10215
|
U.S. v. Leon-Reyes
Admission of testimony summaries from previous trial for purpose of showing perjury isn't abuse of discretion. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-10445, 97-10457, 97-10463, 97-10494-6, 97-10515 and 97-10527
|
U.S. v. Hopper
Phony warrant submitted to prevent collection of tax debt and enforcement of tax lien constitutes obstruction of Justice of IRS proceedings. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-50157 and 97-50286
|
U.S. v. Deeb
Use of investors money to keep stock certificates in defendant's own name to cover margin purchases warrants conviction under money laundering statute. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-15025
|
Ficklin v. Hatcher
Despite court giving erroneous jury instructions, defendant can still be convicted if jury doesn't rely on faulty instructions. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-15768
|
Henry v. Kernan
Defendant's confession is involuntary and therefore inadmissible if it is result of psychologically coercive questioning and unheeded requests for counsel. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
B126607
|
People v. Hannah
If defendant's sentence doesn't include parole, it's inappropriate to impose a restitution fine. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
98-55133
|
Alvarez v. Gomez
Repeated inquiries into the availability of counsel is sufficient to invoke Miranda v. Arizona right to counsel. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
E016630
|
People v. Peck
Defendant's defense of free exercise of religion to possession of marijuana charge is rejected. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
A071025
|
People v. Falck
Stalking statute isn't unconstitutionally vague or overbroad and substantial evidence supports conviction. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
B098452
|
People v. Ramos
First degree burglary is reduced to second degree if inhabitant is dead before defendant enters. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
94-50216
|
U.S. v. Angotti
Bank officials' location determines proper venue district for crime of making false statements to bank. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
95-30371
|
U.S. v. Miller
State law restoration of rights isn't bar to felon status for federal firearm possession prosecution. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
S031247
|
In re Visciotti
No relief from death penalty if claim of ineffective assistance of counsel fails to show prejudice. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
S057090
|
People v. Barriga
Court Can Reject Agreement WhichViolates Felony Plea Statute EvenAfter Plea Has Been Accepted. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
E016015
|
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
97-99002
|
Greenawalt v. Stewart
Defendant facing execution fails to provide sufficient reason to avoid dismissal of successive petition. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
96-50127
|
U.S. v. Green
Government needs reasonable notice of sentencing court's downward departure intent beyond presentence report recommendations. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
S072698
|
Malone v. County of Kern Superior Court
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
B096855
|
People v. Sanders
Trial court's belief it lacked discretion to dismiss three strikes prior convictions necessitates resentencing. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
C020037
|
People v. Lopez
Defendant must prove statute of limitations has run on crime of misappropriation of public funds. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
96-30079
|
U.S. v. LaFromboise
No double jeopardy in consecutive sentences for carrying firearm during drug crime and possessing unregistered firearm. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
96-30045
|
U.S. v. Ortega-Reyes
Court's reference to robbery sentencing guideline bars use of kidnapping guideline's reduction for victim release. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
96-50060
|
U.S. v. Littlefield
Defendant implicitly waives statute of limitations claim on appeal by pleading guilty pursuant to agreement. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
B123090
|
People v. Pecci
Probation for defendants convicted of filming sexual conduct with a minor for noncommerical purposes is prohibited. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
S057104
|
People v. Grant
Conviction stands if only one of three required acts of continuous molestation occurs after statute enacted. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
C028314
|
People v. Hearon
Jury instruction defining reasonable doubt isn't defective for lack of certainty |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
B130332
|
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. |
Criminal Law and Procedure |
|
Aug. 4, 1999 |