Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B124280
|
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 | |
C029712
|
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 | |
G019363
|
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 | |
B115166
|
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 | |
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 | |
D031496
|
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
D031243
|
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 | |
G021452
|
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 | |
B123700
|
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 | |
E022525
|
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 | |
E022259
|
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 | |
A079259
|
People v. Guzman
Uncharged crimes jury instruction, as given, unconstitutionally lowers prosecution's burden of proof. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
B116969
|
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 | |
G024200
|
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 | |
B116969
|
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 | |
B114504
|
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 | |
94-30346
|
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 | |
95-17319
|
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 | |
96-30144
|
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 | |
88-1828 and 88-1910
|
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 | |
95-55993
|
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 | |
F024370
|
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 | |
B094292
|
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 | |
S057280
|
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 | |
95-10412
|
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 | |
95-50494, 95-50496, 95-50528 and 95-50550
|
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 | |
96-30002, 96-30003 and 96-30012
|
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 | |
94-50305
|
U.S. v. Turman
No plain error in jury instructions unless obvious to reasonably competent trial judge. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
A071762
|
People v. Rowland
Defendant is properly resentenced after invalid original sentence lacking award of victim restitution. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
D024368 and D026009
|
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 |