Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-50157
|
United States of America v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
B098009
|
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
A071225
|
People v. Bunn
Statute enlarging limitations for molestation charge doesn't apply to offenses occurring prior to 1988. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
F023652
|
People v. Cardenas
Defendants do not have right to question potential jurors about three strikes law. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
B104932
|
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
95-10483
|
U.S. v. Sayetsitty
Jury must be instructed voluntary intoxication can negate specific intent for aiding and abetting murder. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
95-10560
|
U.S. v. Kallin
Jeopardy attaching in original tax-fraud trial continues through retrial after IRS's imposition of civil penalty. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
95-1605
|
United States v. Gonzales
Mandatory federal firearms sentence cannot run concurrently with any other state or federal prison term. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
S050827
|
Garcia v. Superior Court (People)
Defendant cannot challenge prior conviction for ineffective counsel assistance during current prosecution for noncapital case. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
B103860
|
In re Gutierrez
Relitigation of issues from previous case does not constitute 'new trial' of case. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
C023203
|
People v. Huggins
Theft of purse touching owner's foot constitutes grand theft from the person. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
96-50337
|
U.S. v. Romeo
Acquittal on possession count collaterally estops relitigating importation deadlocked count since defendant's knowledge already litigated. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
H014026
|
People v. Nguyen
Petty thief with two felony priors, including theft, is properly sentenced to 25 years to life. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
C023677
|
People v. Calderon
Videotaped statements to police are admissible since defendant didn't ask for counsel while in custody. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
A072629
|
People v. Gaines
Prosecutor's statements informing jury why defense witness didn't testify is misconduct warranting reversal of probation. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
96-0716
|
State v. White
Aggravating circumstance of murder in anticipation of pecuniary gain isn't offset by nonstatutory mitigating factors. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
D025061
|
People v. Short
Out-of-state conviction without elements of California offense cannot enhance sentence under 'one strike' law. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
H014772
|
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
A073485
|
People v. Espino
Trial court must impose mandatory sentence provided by statute for forcible rape with deadly weapon. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
96-5955
|
Richards v. Wisconsin
Fourth Amendment doesn't permit blanket exception to knock-and-announce requirement for felony drug investigations. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
E015983
|
People v. Gallegos
Jury is instructed correctly on elements of provocative act theory of murder. |
Criminal Law and Procedure |
|
Jul. 12, 1999 | |
B099330
|
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
97-70277
|
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
S059604
|
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
S059651
|
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.' |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
95-50607
|
U.S. v. Garcia
Maximum supervised release periods in Anti-Drug Abuse Act override shorter terms of general sentencing statute. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-30095
|
U.S. v. Stoddard
For double jeopardy, unitary enterprise's enlarged scope and changed participant roles don't create multiple conspiracies. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10195
|
U.S. v. Garcia-Olmedo
Successive marijuana-possessions are aggravated felonies under Immigration and Nationality Act's criminal provisions. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10082
|
U.S. v. Tsinhnahijinnie
Proof is insufficient to prove defendant committed crime charged on any date included within indictment. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10200
|
U.S. v. Chee
No third acceptance of responsibility point for defendant pleading guilty just before trial after victim recants. |
Criminal Law and Procedure |
|
Jul. 10, 1999 |