| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S063097
|
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
C021470
|
People v. Newsome
Consecutive sentences are mandatory where defendant has two or more serious or violent felony convictions |
Criminal Law and Procedure |
|
Jun. 13, 1999 | |
|
A073484
|
People v. Trippet
Marijuana possession conviction remanded to determine whether doctor had approved use under Proposition 215. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
S062379
|
People v. Birkett
Insurance company, indemnifying crime victim, stands in victim's shoes and is entitled to restitution. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
E017290
|
People v. Chung
Giving some jury instructions at beginning of trial without repeating them at end isn't error. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
A073484
|
People v. Trippet
Marijuana possession conviction remanded to determine whether doctor had approved use under Proposition 215. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B103595
|
People v. Barnes
Defendant did not constructively possess vial of rock cocaine thrown at him by drug dealer. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-30178
|
U.S. v. Martinez
Two-month delay in defendant's agreement to drug transactions supports reluctance finding for entrapment defense. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B109203
|
People v. Saldana
Trial court can reconsider defendant's sentence after unsuccessful appeal despite prior appellate ruling affirming sentence. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B105801
|
People v. Bustamante
Misdemeanor statute is repealed by felony statute which covers all of the same prohibited conduct. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
94-50305
|
U.S. v. Turman
Error isn't plain under federal criminal procedure rules unless obvious to judge at trial time. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-10342
|
U.S. v. McGrew
Affidavit specifying criminal activity and evidence, referenced in search warrant must be attached when warrant executed. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-50574
|
U.S. v. Aispuro
Convicted alien cannot compel attorney general to deport him. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
A075990
|
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-99006
|
Gallego v. McDaniel
Capital case's penalty instruction failing to state executive clemency remote for life sentence is constitutional error. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
95-30378 and 95-30397
|
U.S. v. Croft
Government's refusal of transactional immunity for defense witness doesn't distort factfinding process if other immunity offered. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B104176
|
People v. Nelson
Court's withdrawal of confusing and inapplicable jury instruction during deliberations isn't prejudicial error. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-10360
|
Kleeman v. U.S. Parole Commission
Simple homicide committed in Mexico warrants classification as voluntary manslaughter when transferring prison term. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-16268
|
Rodriguez v. Marshall
Juror's experiment on driving time to murder scene is harmless error if departure time is crucial issue. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-50243
|
U.S. v. Figueroa-Lopez
Government must qualify law enforcement officer as expert to offer drug dealer profile opinion testimony. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
97-50408
|
U.S. v. Doe
Information charging criminal contempt after witness refuses to testify despite immunity isn't due process violation. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-99014
|
Fields v. Calderon
California's habeas relief bar for errors not directly appealed doesn't preclude federal review of defaulted claims. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-30149 and 96-30183
|
U.S. v. Lloyd
Continuity interest doesn't warrant continuance under Speedy Trial Act after defendant requests newly-appointed attorney's removal. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
E018467
|
People v. Ansaldo
Defendant's conduct clearly shows intent to commit lewd and lascivious acts sufficient to constitute attempt. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
95-50378
|
U.S. v. Qualls
State law controls right of former felon to possess firearms. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
S061917
|
People v. Cole
Relitigation of whether defendant's prior convictions were brought separately isn't prohibited by double jeopardy prohibition. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
H015807
|
People v. Yarbrough
Right to jury trial on enhancement allegation isn't violated if issue isn't raised before jury discharged. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
G019145
|
People v. Ortiz
Evidence is sufficient to support sentencing enhancement for crimes committed for benefit of street gang. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-16320
|
Franklin v. Henry
Child's claim of mother's molestation is admissible in trial against accused man to show sexual fantasies. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-30169
|
U.S. v. Conway
Warrantless probation search under Washington state law satisfies Fourth Amendment reasonableness standard. |
Criminal Law and Procedure |
|
Jun. 11, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com