| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S021683
|
People v. Jones
Court upholds death sentence but modifies life sentence on kidnapping for purpose of robbery charge. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
95-50615 and 96-50021
|
U.S. v. Franco
Jury can receive unread translated transcripts of audiotapes of foreign-language conversations if defendant doesn't object. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A077515
|
People v. Bechler
Firefighters acting as paramedics are not 'firefighters' for purposes of statute defining assault on a firefighter. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A079050
|
Dant v. Superior Court (People)
Trial court has discretion to consider misdemeanor defendant's request for release on his own recognizance. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
C025094
|
In re Rhodes
Corrections Department doesn't abuse discretion by exercising authority to assign prisoners to prison away from home. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B108177
|
People v. Teal
Crime is committed if threat is received whether or not threatener knows victim heard it. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
S060180
|
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
D026836
|
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B116550
|
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
D027299
|
People v. Bell
Court has discretion to impose concurrent sentences for current felonies committed simultaneously. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
H016362
|
People v. Stubbs
Defendant must obtain certificate of probable cause from trial court to challenge propriety of guilty plea. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B110754
|
People v. Satz
No legitimate expectation of privacy in hotel room which is rented using stolen credit card. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
F025758
|
People v. Myers
Reasonable force can be used to resist battery even if person not about to suffer injury. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B113626
|
In re Barfoot
Defendant entitled to resentencing hearing so that trial court may determine whether to strike prior. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-10043
|
U.S. v. Garcia
Preponderance of evidence standard applies to subornation of witness perjury finding supporting obstruction of justice enhancement. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-30327
|
U.S. v. Sylve
Assimilative Crimes Act applies to state rehabilitation program of deferred prosecution resembling preconviction probation. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B115040
|
Lewis v. Superior Court (People)
Superior court clerk isn't empowered to decide whether or not an order is appealable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
S052788
|
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B093741
|
People v. Hurd
No right to remain silent selectively, and such silence may be used for impeachment purposes. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-10348
|
U.S. v. Sprague
Base offense level calculation for drugs requires excluding weight of materials removed to make product usable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-30119
|
U.S. v. Clavette
Defendant isn't entitled to jury trial for killing grizzly bear in violation of Endangered Species Act. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-30042
|
U.S. v. Doe
Federal arson statute is violated when structural fire develops from smoldering paper ignited by juvenile. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-10201
|
People for the Territory of Guam v. Veloria
Prosecutor's erroneous elicitation of testimony regarding defendant's invocation of right to remain silent doesn't require objection. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-16519
|
Mach v. Stewart
Further court voir dire necessary to find if potential juror's prejudicial expert-like statements infected panel. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A076192
|
People v. Gokey
Separate sentence enhancements may be imposed for prior conviction and prior sentence relating to same offense. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
F027418
|
People v. Barrajas
Diversion is available on same basis to those who attempt offense as those who complete it. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
F025841
|
People v. Gray
Arming enhancement applies even where gun and drugs are located in two different structures. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
94-30229
|
U.S. v. Noushfar
Automatic reversal is required after deliberating jury listens to tapes not played in open court. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-10128
|
U.S. v. Peterson
Prejudicial error occurs when prosecutor argues redacted statement by co-defendant refers to defendant. |
Criminal Law and Procedure |
|
May 21, 1999 |
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