| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-70139
|
Calderon v. U.S. District Court (Malone)
District court order regarding extradition isn't reviewable by mandamus when ordinary appeal is available. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
F024600
|
People v. Cook
Fact that key element of crime is performed by another doesn't make accomplice aider and abettor. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S052695
|
People v. Reese,
'Three strikes' sentence of 25 years to life doesn't violate prohibitions against cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
H015980
|
People v. Steffens
Fraudulent charges are a necessary element of crime of altering access card account information. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
D027755
|
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-56756
|
Furguiel v. Benov
Prisoner's prior armed robbery conviction renders him ineligible for sentence reduction based on drug program completion. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
D026393
|
People v. Armigo
Jury instruction on conspiracy to commit second degree express malice murder is properly given. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B111293
|
People v. Fitzgerald
Defendant's sentence is modified to reduce presentence custody credits based on conviction for violent felony. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B107076
|
People v. Phillips
Reversal required where court fails to define reasonable doubt or to instruct about presumption of innocence. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
A075474
|
People v. Hall
Defendant's challenge to court's jurisdiction to order execution of sentence after commitment for another offense fails. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
99-0011
|
Ryan v. Arellano
Double jeopardy bars state from retrying defendant for felony murder predicated on kidnapping charge where defendant has been convicted of lesser-included offense of kidnapping. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-976
|
Hudson v. United States
Double jeopardy doesn't bar criminal prosecution after penalties and debarment on petitioners by Comptroller of Currency. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
F025500
|
People v. Collins
Evidence must be suppressed after prosecutor fails to establish existence of arrest warrants. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B109985
|
People v. Wilson
Sufficient exigent circumstances exist to justify warrantless entry into motel room by police officer. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
C022519
|
People v. Rouser
Contemporaneous possession in prison of two or more discrete controlled substances constitutes one offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B110092
|
People v. Goodwin
Using identification numbers rather than names during jury selection doesn't violate constitutional right to public trial. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
A079143 and A079223
|
People v. Williams
Appeal is rejected due to defendant's failure to raise any arguable issues. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
D027124
|
People v. Sherrod
No error in granting new trial if court erroneously refuses to continue original trial. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
G017295
|
Rash v. Lungren
Individual with misdemeanor conviction for assault with firearm can be permanently banned from possessing weapon. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B109900
|
People v. Thompson
After pleading guilty to prior allegations, failure to admit they were serious isn't grounds for dismissal. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
94-10313, 94-10314 and 94-10400
|
U.S. v. Perez
Loading gun constitutes 'active employment' of firearm in crime of using firearm during drug trafficking. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-30083
|
U.S. v. Houser
In federal homicide prosecution, absent mitigating circumstances, malice aforethought can be inferred from deadly weapon use. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-30126
|
U.S. v. Johnson
Federal sentencing guideline for embezzlement that 'affects' a financial institution is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-30301
|
U.S. v. Cyphers
To enhance defendant's sentence for leadership role, supervised persons need not have participated in conviction offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B102576
|
People v. Landa
Court must hold in camera hearing to determine admissibility of officer's testimony once he claims privilege. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B108701
|
People v. Mendoza
Where two offenses are incidental to one objective the second conviction's sentence must be stayed. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
A076486
|
People v. Olea
Defendant needn't register as sex offender where registration not included as part of plea bargain. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
95-16564
|
Neal v. Shimoda
Parole eligibility can be predicated on completing sex-offender treatment program enacted after underlying offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-10561
|
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
C026887
|
Bowers v. Superior Court of Nevada County (People)
All purpose assignment rule renders judicial challenge in superior court untimely. |
Criminal Law and Procedure |
|
Jun. 4, 1999 |
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