| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B102453
|
People v. Rose
Aider and abettor isn't entitled to reduction of convictions to misdemeanors despite perpetrator's misdemeanor conviction. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B100300
|
People v. Santiago
Physically-abused child's consent to police entry into home and gathering of evidence is valid. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B099657
|
People v. Bierman
Defendant gets resentencing if pre-'Romero' record is silent on court's discretion to strike prior conviction. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
E017926
|
People v. Horejs
Officer has the right and the duty to determine why car is weaving in unmarked lane. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
A072329
|
People v. Chandler
Court's consideration of trustworthiness of evidence of victim's prior sexual conduct is harmless error. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
A072760
|
People v. Mowatt
Hunting knife doesn't qualify as 'dirk or dagger' under statute prohibiting possession of concealed weapon. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
S055400
|
People v. Macias
Minor's statements at juvenile hearing are admissible for sole purpose of impeachment at defendant's trial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-10255
|
U.S. v. Solano-Godines
Presentation of false identification doesn't support enhancement for obstruction of justice after illegal re-entry conviction. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-30035
|
U.S. v. Beydler
Hearsay exception for statements against penal interest doesn't apply to information given for leniency exchange. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-50361
|
U.S. v. Mathews
Upward departure in sentencing resulting in greater sentence than conviction of additional crimes distorts guidelines. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-50472
|
U.S. v. Nevarez-Castro
Competency hearing is required after medical facility reports defendant, committed for incompetency, can stand trial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-16950
|
Perez v. Marshall
Sole defense holdout juror can be dismissed for emotional incapacity to deliberate. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-10398
|
U.S. v. Schiller
No double jeopardy from federal drunken driving prosecution after suspension of military driving privileges. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B097732
|
People v. Williams
Double jeopardy doesn't bar defendant from facing second trial after first trial ends in mistrial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-15772
|
Pollard v. White
Missing malice instruction doesn't undermine second-degree murder after mistaken identity defense and intentional shooting finding. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-35793
|
U.S. v. Check No. 25128 In The Amount Of $58,64.11
Federal government gets forfeiture of city check representing money given to DEA from unlawful drug seizure. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-30393
|
U.S. v. Calozza
Enhancement to determine base of grouped offenses and enhance other grouped offenses is impermissible double counting. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
G015833
|
People v. Peoples
Attorney cannot represent her brother accused of assaulting father of her children who were witnesses. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
95-30230 and 95-30236
|
U.S. v. Lopez
Under Sentencing Guidelines, conspiracy and money-laundering convictions of drug trafficker should be grouped. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S056513
|
People v. Montero
Vehicle asportation after victim dispossession isn't required element of carjacking. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
E018206
|
People v. Johns
Molested child can testify with mother sitting next to him without violating defendant's confrontation right. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
D025447
|
People v. McCleod
Sufficient evidence supports defendant's conviction for failure to register as sex offender after changing residence. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
A073267
|
People v. Early
Trial court's instruction erroneously removes element of crime from jury's consideration, but error is harmless. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S056981
|
People v. Scheid
Murder scene photograph is admissible as relevant to government case and probative value outweighs potential prejudice. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
E018912
|
People v. Dalvito
Restitution award is warranted even though victim's loss from stolen item was discharged in bankruptcy. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S062209
|
People v. Lee
Instructing jury on incorrect theory to reduce killing from murder to manslaughter is harmful error. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
96-10247
|
U.S. v. Aguilar-Ayala
Mandatory sentence doesn't bar court's discretion to retroactively apply revised drug quantity table to reduce sentence. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
96-10008
|
U.S. v. Wofford
Felon-in-possession doesn't have justification defense if last threat was five months before charged conduct. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
96-30098
|
U.S. v. Cazares
Plea to drug conspiracy with overt act gun possession doesn't establish weapon possession for sentencing. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
B102454
|
People v. Keelen
Court has discretion to determine length of term to be tripled under three strikes law. |
Criminal Law and Procedure |
|
Jun. 21, 1999 |
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