| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-50137
|
U.S. v. Mendoza
Downward departure is allowed if defendant lacked control over, or knowledge of, purity of drug delivered. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-50570
|
U.S. v. Makowski
Federal statute barring racially motivated assaults is not void for vagueness. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-10295
|
U.S. v. Gravenmeir
Legal gun ownership as exception to machine gun ban is affirmative defense, not element of crime. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-30249
|
U.S. v. Sandoval-Lopez
Defendant's challenge to plea agreement after law change makes conduct non-criminal, isn't breach of agreement. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-70039
|
Calderon v. USDC
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
98-55251
|
Houston v. Roe
Jury instruction which blurs state law distinction between degrees of murder by increasing burden on government isn't reversible error. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
F026659
|
Elodio O., a minor
Criminal gang activity enhancement requires proof of crimes other than current offenses. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-16468
|
U.S. v. Handa
Double jeopardy isn't implicated by imposing sentence enhancement after gun possession conviction is vacated. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
D024992
|
People v. Castaneda
If conviction could be based on one of several different acts, court must give unanimity instruction. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
A072162
|
People v. Malabag
Defendant's failure to seek complete record waives right to settled statement in lieu of transcript. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
F023116
|
People v. Daniels
Expungement of prior serious or violent felony does not preclude treatment of offense as strike. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-16468
|
U.S. v. Handa
Double jeopardy isn't implicated by imposing sentence enhancement after gun possession conviction is vacated. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
B102838
|
People v. Mines
Defendant subject to enhanced sentencing cannot collaterally attack prior convictions as unconstitutional. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
C022939
|
People v. Best
Transcript from prior conviction's preliminary hearing cannot be used to prove conviction is serious felony. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
S062345
|
People v. Mines
Defendant's subject to enhanced sentencing cannot colaterally attack prior conviction as unconstitutional. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
S053934
|
People v. Davis
Finding of fitness isn't required for prior juvenile adjudication to qualify as a 'strike.' |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
97-99015
|
Woratzeck v. Arizona Board of Executive Clemency
Involvement of capital defendant's former counsel in clemency proceedings doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
S005499
|
People v. Ramos
Use of deceased jailhouse informant's previous testimony in defendant's death penalty retrial isn't error. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
S045174
|
People v. Hammon
Trial court doesn't err in refusing pretrial discovery of victim's psychotherapist records on privilege grounds. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-10424
|
U.S. v. Jarvouhey
Licensed dealer's firearms sales while willfully failing to keep records is crime properly sentenced as felony. |
Criminal Law and Procedure |
|
Jun. 17, 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. 17, 1999 | |
|
S054240
|
People v. Ledesma
Enhancement for personal use of firearm is mandatory if underlying offense is assault with firearm. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-10240
|
U.S. v. Watson
Cellular telephone cloning falls under pre-October 1994 version of statute prohibiting possession of counterfeit access devices. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
F024911
|
People v. Aguirre
Murderer is entitled to no more than 15 percent credit for presentence custodial time. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
A058400
|
People v. Hickles
Failure to instruct on predicate or target offense aided and abetted is prejudicial error. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
95-50079
|
U.S. v. Artero
Picking grand jurors from voter lists from counties bordering Mexico doesn't violate community cross-section right. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-99011
|
Amaya-Ruiz v. Stewart
Defendant's statements during trial of not understanding proceedings do not require new competency evaluation. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
97-0544
|
U.S. v. Soares
Accrued contractual interest is part of actual loss for guidelines sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-8732
|
Edwards v. United States
Sentencing judge, not jury, must determine type and quantity of drugs involved in conspiracy. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
97-215
|
Calderon v. Thompson
Court of appeals abuses discretion by recalling mandate to revisit denial of habeas relief. |
Criminal Law and Procedure |
|
Jun. 17, 1999 |
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