Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-6066
|
Roberts v. Ward
Order |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
98-4066
|
U.S. v. Ortiz-Aparicio
Order |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
98-0369
|
Rineer v. Leonardo
Person isn't subject to the Sexually Violent Predators statutes if he hasn't committed one of the predicate offenses. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
96-0348
|
U.S. v. Douglas
Gratuities scheme by corporation located in Northern California doesn't support venue in Northern District. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-55171
|
Canales v. Roe
No presumed prejudice from counsel's failure to file notice of appeal where petitioner was notified and did nothing. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B117987
|
People v. Martinez
No jurisdictional error in not imposing drug program fee against defendant, but laboratory analysis fee is excessive. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B124150
|
Carr on Habeas Corpus
Fifteen percent limit on pre-probation and sentence conduct credits doesn't apply when probation is granted. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
H016861
|
Ensoniq Corp. v. Superior Court (Dattoro)
Items seized from individual must be returned after charges dropped despite competing civil ownership claim. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
96-10110, 96-10167, 97-10251, and 97-10289
|
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10331
|
U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B111626
|
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
G021342
|
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-50146
|
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B113920
|
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
A079845
|
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
95-55988
|
U.S. v. Gough
Hiring another to drive truck filled with drug proceeds and watching unloading of truck constitutes money laundering. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
C025717 and C027291
|
People v. Carr
Defendant may be convicted both of burglary and of receiving property stolen in burglary. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10377
|
U.S. v. Garcia
Gang members' general agreement to support each other in fights doesn't prove conspiracy to commit assault. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
H016392
|
People v. Jackson
Kidnapping incident consisting of one abduction and a continuous period of detention is a single criminal act. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B112980
|
People v. Rodriguez
Special circumstance of 'drive-by' murder is constitutional on its face and as applied. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10422
|
U.S. v. Sandoval
Conviction for infraction of petty theft may be counted toward criminal history score. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-50137
|
U.S. v. Smith
Conviction for insider trading requires proof that defendant actually used material non-public information. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
98-10236
|
U.S. v. Kaczynski
Media's common law right of access outweighs defendant's privacy interest in content of psychiatric report. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-99004
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
A080649
|
People v. Burks
Custody credits waived after probation violation generally aren't recaptured when probation violated again. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10100
|
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-30095
|
U.S. v. Odedo
Court must explain nature of charges to defendant before accepting guilty plea. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-0095
|
In re David H.
Probation officer having authority of a peace officer in performance of official duties is a peace officer, and assault thereon is aggravated assault. |
Criminal Law and Procedure |
|
Mar. 25, 1999 | |
98-3024
|
U.S. v. McClelland
Order |
Criminal Law and Procedure |
|
Mar. 25, 1999 | |
97-17238
|
Moreno v. Stewart
Trial court doesn't have to openly discuss validity of defendant's waiver of right to counsel before allowing self-representation. |
Criminal Law and Procedure |
|
Mar. 24, 1999 |