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In re Rodney
Sentencing defendant to consecutive terms is permitted even though defendant didn't suffer a previous conviction for a violent sex crime.
Criminal Law and Procedure Aug. 4, 1999
California Correctional Peace Officers Assoc. v. Dept. of Corrections
Correction officer isn't prohibited from possessing firearm under statute despite 10-year old misdemeanor conviction.
Criminal Law and Procedure Aug. 4, 1999
People v. Cartwright
Typical traffic stop doesn't, by itself, constitute a Fourth Amendment seizure of the passenger in the vehicle.
Criminal Law and Procedure Aug. 4, 1999
People v. La Stelley
Defendant is improperly convicted of both robbery and grand theft where defendant's conduct constituted one continuous crime.
Criminal Law and Procedure Aug. 4, 1999
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
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude.
Criminal Law and Procedure Aug. 4, 1999
People v. Hedge
Pending court review of defendant's first commitment to mental health facility, based upon sexually violent predator status, doesn't bar separate, subsequent commitment.
Criminal Law and Procedure Aug. 4, 1999
People v. Manriquez
Nongang member who fires upon gang members in drive-by shooting can be convicted of aiding and abetting in first-degree murder.
Criminal Law and Procedure Aug. 4, 1999
People v. Stanley
Search warrant isn't required for police to ask electric company to install surveillance meter on utility pole on suspect's property.
Criminal Law and Procedure Aug. 4, 1999
People v. Thornton
Trial court abuses its discretion in striking prior convictions when it fails to consider particulars of defendant's background, character, and prospects.
Criminal Law and Procedure Aug. 4, 1999
People v. Centers
In a kidnapping charge, 'substantial likelihood of death' includes transporting victim to several locations at gunpoint.
Criminal Law and Procedure Aug. 4, 1999
People v. Guzman
Uncharged crimes jury instruction, as given, unconstitutionally lowers prosecution's burden of proof.
Criminal Law and Procedure Aug. 4, 1999
People v. Martinez
Court isn't required to impose state and county penalty assessments pursuant to a direct victim restitution order.
Criminal Law and Procedure Aug. 4, 1999
Orlina v. Superior Court (People)
State may retry defendant on uncharged lesser-related offense after acquittal on charged offense and hung jury on lesser offense.
Criminal Law and Procedure Aug. 4, 1999
People v. Martinez
Court isn't required to impose state and county penalty assessments pursuant to a direct victim restitution order.
Criminal Law and Procedure Aug. 4, 1999
People v. Cortez
Record of previous conviction that doesn't include specific facts of the offense precludes finding of prior felony conviction under three strikes law.
Criminal Law and Procedure Aug. 4, 1999
U.S. v. Fulbright
Defendant's legal research before committing crimes doesn't warrant instruction on deliberate indifference of illegality.
Criminal Law and Procedure Aug. 3, 1999
Turk v. White
Despite invalidity of conviction and life sentence, statute using prisoner's status to define offense is rational.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Fuentes
Attempted flight from airport officers supports belief suspect has something highly incriminating in his pocket.
Criminal Law and Procedure Aug. 3, 1999
Greenawalt v. Stewart
Death row inmate is denied certificate of probable cause to appeal absent satisfying 'substantial showing' standard.
Criminal Law and Procedure Aug. 3, 1999
Boyden v. Reno
U.S. law governs effect of parole violation on sentence computation after convict transferred from Canada.
Criminal Law and Procedure Aug. 3, 1999
People v. Dias
Defendant's apparently conditional threats against victim still constitute statutory violation of threatening a crime.
Criminal Law and Procedure Aug. 3, 1999
People v. Flores
Driver knocked unconscious at scene of accident must provide identifying information immediately after regaining consciousness.
Criminal Law and Procedure Aug. 3, 1999
People v. Ridge
Observations during unlawful parole search must be suppressed and warrant based on observations is unlawful.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Kaneakua
Sentencing under Assimilated Crimes Act follows mandatory minimum sentence required by state's repeat offender statute.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Turner
Charging greatly disproportionate numbers of minority gang members with crack-cocaine offenses isn't selective prosecution.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Lightbourne
Following waiver, co-conspirators' spousal relationship doesn't create inherent conflict barring attorney's joint representation.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Turman
No plain error in jury instructions unless obvious to reasonably competent trial judge.
Criminal Law and Procedure Aug. 3, 1999
People v. Rowland
Defendant is properly resentenced after invalid original sentence lacking award of victim restitution.
Criminal Law and Procedure Aug. 3, 1999
People v. Llamas
Spouse can take community property vehicle with intent to temporarily deprive other spouse's possession.
Criminal Law and Procedure Aug. 3, 1999