| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S061117
|
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-36058
|
U.S. v. Barron
Lack of factual basis for plea established in defendant's post-conviction motion justifies rescinding plea agreement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S064345
|
People v. Martinez
Modified version of asportation standard for aggravated kidnapping applies where victim is under 14 years old. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S053739
|
People v. Renko
Trial court errs in considering defendant's prior juvenile convictions for purposes of three strikes sentencing. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H015332
|
People v. O'Neil
Crime becomes carjacking once defendant resorts to use of fear to retain possession of truck. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F025018
|
People v. Erickson
Expert testimony concerning battered defendant's mental state on night of crime is properly excluded from trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S063705
|
People v. Keelen
Court has discretion to determine length of term to be tripled under three strikes law. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S063707
|
People v. Duarte
Trial court must advise defendant of consequences of admission to prior theft-related convictions. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S053739
|
People v. Renko,
Trial court errs in considering defendants prior juvenile conviction for purposes of three strikes sentencing. |
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 | |
|
E018547
|
People v. Jones
'One strike' aggravated kidnapping circumstance doesn't require proof of pre-existing specific intent to commit sexual offense. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B110962
|
People v. Humphrey
Court errs in striking 20-year-old prior strike since defendant led continuous life of crime. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H013671
|
People v. Hill
Act of throwing evidence from car, in full view of police, doesn't support concealment conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B112683
|
People v. Superior Court (Shamis)
Order dismissing murder and insurance fraud charges against party is unwarranted if evidence indicates involvement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-10159 and 96-10160
|
U.S. v. Cruz
Newcomer doesn't join drug-distribution conspiracy after government's seizure of narcotics and co-conspirators arrest. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-50528
|
U.S. v. Schuman
Court's statements and government's objection should make defendant aware plea agreement might bar appeal right. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S004720
|
People v. Williams
No prejudicial errors are found in defendant's conviction and death sentence for gang-related murder. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B102559
|
People v. Estrada
Trial court's erroneous jury instruction regarding special sentencing allegation for sex offense is harmless. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
C012464
|
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
E018074
|
People v. Henson
Three strike law's presentence credit limitation is applicable only to offenses which themselves carry life sentence. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F025018
|
People v. Erickson
Expert testimony concerning battered defendant's mental state on night of crime is properly excluded from trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-55688
|
Aguilar v. Alexander
Defense attorney properly counsels for limited waiver of attorney-client privilege if otherwise defendant wouldn't testify. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-10223
|
U.S. v. Sagg
Sexual Abuse Act's intentional touching refers to defendant's abusive sexual contact intent, not the victim's. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-16653
|
Isreal v. Marshall
No due process violation by Corrections Department's failure to offer to pay for prisoner's transfer. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-10312
|
U.S. v. Loyola-Dominguez
Trial court errs in failing to hold competency hearing for defendant who attempted suicide before trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-50492, 96-50494, 96-50495 and 96-50515
|
U.S. v. Baggett
Sentencing court must specify which restitution statute applies in sentencing order for telemarketing fraud conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B106035
|
People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissal of Hispanic jurors is rejected. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
C012464
|
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
b104261
|
People v. Fox
Garage attached to house is considered part of inhabited structure for purpose of defining burglary. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H015880
|
People v. Townsend
Drug sale near school during any time when children are on campus requires sentence enhancement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 |
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