Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S054240
|
People v. Ledesma
Future ability to pay from prison earnings supports restitution orders. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
B113623
|
People v. Rudd
Delay in asserting right of self-representation, followed by silence when counsel is appointed, constitutes waiver. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
97-30090
|
U.S. v. McKittrick
Killing of wolf that was member of protected experimental population violates Endangered Species Act. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
97-30108
|
U.S. v. Whitecotton
Drugs sold to agent without defendant's knowledge don't count toward quantity for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
S068395
|
People v. Douglas
Order suspending defendants sentence, granting probation, and declaring charged offenses to be misdemeanors isnt appealable. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
D026056
|
People v. Santana
Narcotics officer doesn't violate Fourth Amendment by squeezing checked luggage to smell expelled air. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
A077542
|
People v. Denison
Probation search condition justifies investigative stop of vehicle in which probationer is a passenger. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
B107166
|
People v. Caird
'Not guilty' notation on verdict form regarding lesser offense doesn't void conviction of greater offense. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
95-1906
|
U.S. v. Watts
Sentencing courts can consider defendants' conduct regarding charges resulting in acquittals. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
S063658
|
People v. Harbolt
Judicial notice of appellate opinion affirming defendants conviction is permitted as proof of prior conviction. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
96-30199
|
U.S. v. Stockdale
Sentence reduction based on downgrade of marijuana weight equivalencies doesn't include benefit of 'safety valve' statute. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
97-8214, 97-1390, 97-8660 and No. 125 Org.
|
Breard v. Greene
Alien isn't entitled to habeas relief or execution stay for Vienna Convention on Consular Relations violation. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
96-1584
|
Campbell v. Louisiana
White defendant has standing for Fourteenth Amendment objection to exclusion of blacks from grand jury. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
A075154 and A080988
|
People v. Bryden
Ineffective assistance of counsel isn't found when reasonable probability doesn't exist that outcome would be different. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
B111467
|
People v. Rodarte
Making terrorist threats is crime of force or violence under mentally disordered offender statute. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
B107563
|
People v. Robinson
Mentally disordered offender statute is non-penal and doesn't violate ex post facto clauses. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
97-16743
|
Miles v. Stainer
Time period specified in order granting conditional habeas relief ordinarily runs from date mandate issues. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
97-30018, 97-30019, 97-30022, 97-30027, 97-30030 and 97-30044
|
U.S. v. Ladum
Defendant may be prosecuted for witness tampering under statute predating Victim and Witness Protection Act. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
C022942
|
People v. Perry
Co-defendant can use evidence on own behalf even though it was suppressed in defendant's case. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
E018792
|
People v. Avila
Defendant's suppression motion is denied since officer found drugs during valid stop and frisk. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
A073612
|
People v. Bamba
False imprisonment statute is neither unconstitutionally vague nor overbroad. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
B107718
|
People v. Hinks
Defendants can be convicted of receiving stolen property despite being principals in property theft. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
A075675
|
People v. Morgan
After victim changes story at trial, expert testimony of battered women's syndrome can be admitted. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
A075729
|
People v. Aguilar
'Cruel or extreme pain and suffering' and other terms in torture statute aren't unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 16, 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 |
|
Jun. 16, 1999 | |
C026653
|
Zachary v. Superior Court (People)
Failure to petition for extended commitment until one month after expiration of commitment violates due process. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
96-56462
|
Turner v. Marshall
No valid challenge to African-American juror for aversion to gory pictures given white juror's greater squeamishness. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
B098599
|
People v. Vong
Resentencing necessary after trial court erroneously believes it lacks discretion to strike defendant's prior conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
S058290
|
People v. Callahan
Prior out-of-state conviction, when defendant was a minor, is 'strike' if Penal Code criteria met. |
Criminal Law and Procedure |
|
Jun. 15, 1999 |