Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D024260
|
People v. Reyes
Evidence of mental disorder and intoxication is admissible to refute essential element of crime. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
F025323
|
People v. Sanchez
Defendant cannot be ordered to give blood and handprints under statute not including attempted murder. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
A072629
|
People v. Gaines
Prosecutor commits misconduct by attempting to tell jury why defense witness did not testify. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
G020239
|
Ng v. Superior Court (People)
Discretion is abused by relieving appointed defense counsel absent factual showing of impairment by representation. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
C016755
|
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
96-10106
|
U.S. v. Washington
Evidence that accomplice had gun supports conviction for 'use' of firearm during crime of violence. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-10556
|
U.S. v. Bonat
Plea transcripts are used to determine status of prior convictions under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
96-30156
|
U.S. v. Flores-Uribe
Sentencing court lacks jurisdiction to issue deportation order at defendant's request without request from INS. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
96-50076 and 95-50079
|
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-30253
|
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-50534
|
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-50492
|
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-10525
|
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
G018069
|
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
94-294
|
U.S. v. Mendoza
Jurisdiction isn't lost after prosecutor with defective appointment appears post-indictment and conducts case. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
A070538
|
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
96-7185
|
Bates v. United States
Specific intent to injure or defraud government isn't element of misapplying federally-insured student loan funds. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
95-30103
|
U.S. v. Gilcrist
Determining 15-year offense cutoff for criminal history, parole to serve consecutive sentence ends prior term. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
96-50270
|
U.S. v. Kim
De novo review is required for district court's decision on authority to consent to search. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
95-10366 and 95-10394
|
U.S. v. Lopez
Sentence can be reduced for prejudice to defendant after government misconduct during plea negotiations. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
S053965
|
People v. Pulido
Aider and abettor after robbery and killing is not guilty of first degree murder. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
99-0070
|
Jones v. Kiger
Retrial barred after mistrial granted over defendant's objections. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
98-0463
|
State v. Cutright
Instance where person fires gun into occupied house and is found driving in his car shortly thereafter supports a jury instruction of defendant's potential 'flight.' |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
97-0334
|
State v. Clabourne
Consecutive sentences imposed for defendant's noncapital charges improper where death penalty is affirmed. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
98-0267
|
State v. Valenzuela
Failure to give instruction on lesser included offense of manslaughter is reversible error when it might have contributed to murder conviction. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
98-0381
|
State v. Harrison
Trial court's failure to state on the record, at time of sentencing, reasons for not imposing presumptive sentence is structural error. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
98-0202
|
State v. Murray
Legislature may not retroactively overturn court decision making certain defendants eligible for parole. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
98-0622
|
State v. Brown
Driving on a suspended license is not a lesser included offense to Aggravated DUI when it is not included in the indictment. |
Criminal Law and Procedure |
|
Jul. 15, 1999 |