Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
S007386
|
People v. Hill
Pervasive misconduct by prosecutor and multiple prejudicial errors require reversal of conviction and death sentence. |
Criminal Law and Procedure |
|
May 25, 1999 | |
B111973
|
People v. DeSimone
Two 'multiple victim' circumstance findings may be made in single case under 'one strike' law. |
Criminal Law and Procedure |
|
May 25, 1999 | |
D029758
|
In re Betts
Code of Civil Procedure and Penal Code don't conflict when enforcing restitution from inmate's trust. |
Criminal Law and Procedure |
|
May 25, 1999 | |
F027264
|
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts. |
Criminal Law and Procedure |
|
May 25, 1999 | |
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
96-99022
|
Vickers v. Stewart
Refusal to test for brain disorder doesn't deny due process where test can't resolve ultimate issue. |
Criminal Law and Procedure |
|
May 25, 1999 | |
95-99010 and 95-99011
|
Lagrand v. Stewart
Determination of prejudice by defendant's counsel's alleged deficiencies isn't necessary if counsel's performance not deficient. |
Criminal Law and Procedure |
|
May 25, 1999 | |
97-873
|
U.S. v. Balsys
Privilege against self-incrimination doesn't apply if only risk of prosecution is in a foreign country. |
Criminal Law and Procedure |
|
May 25, 1999 | |
97-643
|
U.S. v. Cabrales
Money laundering prosecution can't proceed in Missouri because acts constituting crime took place in Florida. |
Criminal Law and Procedure |
|
May 25, 1999 | |
96-8400
|
Buchanan v. Angelone
Absence of jury instructions on concept of mitigation doesn't violate Eight and Fourteenth Amendments. |
Criminal Law and Procedure |
|
May 24, 1999 | |
96-30237, 96-30238, 96-30239 and 96-30240
|
U.S. v. Lin
Specific intent is required in the federal crimes of hostage-taking and making ransom demands. |
Criminal Law and Procedure |
|
May 24, 1999 | |
97-10202
|
U.S. v. Graves
Accessory after the fact to felon in possession of firearm must know of primary offender's felony. |
Criminal Law and Procedure |
|
May 24, 1999 | |
93-50281
|
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury. |
Criminal Law and Procedure |
|
May 24, 1999 | |
G018071
|
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulable facts. |
Criminal Law and Procedure |
|
May 24, 1999 | |
B110310
|
People v. Buena Vista Mines Inc.
Felony complaint for violation of Porter-Cologne Water Quality Control Act is reinstated after improper dismissal. |
Criminal Law and Procedure |
|
May 24, 1999 | |
96-30304
|
U.S. v. Barragan-Devis
Failure to inform defense counsel of juror's question during deliberations is harmless error. |
Criminal Law and Procedure |
|
May 24, 1999 | |
96-36130
|
Selam v. Warm Springs Tribal Correctional Facility
Witnesses failure to appear isn't violation of compulsory process where defendant failed to subpoena them. |
Criminal Law and Procedure |
|
May 24, 1999 | |
B086805
|
People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings. |
Criminal Law and Procedure |
|
May 22, 1999 | |
B099525
|
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement. |
Criminal Law and Procedure |
|
May 22, 1999 | |
A076270
|
People v. Melhado
Failure to instruct jury on unanimity is reversible error. |
Criminal Law and Procedure |
|
May 22, 1999 | |
97-70567
|
Calderon v. U.S. District Court (Taylor)
Court can allow habeas petitioner to delete unexhausted claims and hold petition pending state court litigation. |
Criminal Law and Procedure |
|
May 22, 1999 | |
96-56774
|
Bonillas v. Hill
Double jeopardy isn't violated by resubmitting issue of degree of murder to undischarged jury. |
Criminal Law and Procedure |
|
May 22, 1999 | |
B093085
|
People v. O'Roark
Conviction sustained before offense was listed as serious may be strike if listed on June 30, 1993. |
Criminal Law and Procedure |
|
May 22, 1999 | |
97-70631
|
Calderon v. District Court (Ralph International Thomas)
District court may hold habeas corpus petition in abeyance while unexhausted claims are litigated in state court. |
Criminal Law and Procedure |
|
May 22, 1999 | |
98-1404
|
U.S. v. Montoya-Longoria
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
98-5142
|
U.S. v. Bolton
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
S059100
|
People v. Smith
Court has authority to reduce a previously imposed, but suspended, sentence after revoking defendant's probation. |
Criminal Law and Procedure |
|
May 21, 1999 | |
B108328
|
People v. Lee
No sentencing hearing is required when case is remanded for determination of whether to strike prior. |
Criminal Law and Procedure |
|
May 21, 1999 | |
B103468
|
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty of reckless driving caused by fear. |
Criminal Law and Procedure |
|
May 21, 1999 |