Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-5864
|
Strickler v. Greene
Failure to establish cause and prejudice to excuse procedural default precludes defendant's "Brady" claim. |
Criminal Law and Procedure |
|
Mar. 15, 1999 | |
97-10386, 97-10387 and 97-10390
|
Extradition of Artt
General scheme for extradition of prisoners to United Kingdom doesn't violate separation of powers doctrine. |
Criminal Law and Procedure |
|
Mar. 15, 1999 | |
98-5410
|
Elledge v. Florida
Order |
Criminal Law and Procedure |
|
Mar. 15, 1999 | |
B108722 and B112484
|
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Mar. 15, 1999 | |
98-4020
|
U.S. v. Lugo
Defendant's failure to formally file motion to dismiss case, waives his right to a speedy trial pursuant to Speedy Trial Act. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
B117543
|
People v. Krantz
Undercover agent's alleged offer to pay for protected artifacts doesn't support entrapment defense. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
H017360
|
People v. Ranger Insurance Co.
Court loses jurisdiction to declare forfeiture of bail by failing to do so at master trial calendar hearing. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
D029078
|
People v. Llamas
Court doesn't abuse discretion by resentencing defendant without first obtaining probation report. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
B107900
|
County of Los Angeles v. National Automobile & Casualty Insurance Co.
Court can't order tolling of 180-day period for forfeiture of bail bond once period has expired. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-50620
|
U.S. v. Carter
Attempted suicide by overdose justifies drug-related supervised release conditions. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
S027758
|
Johnson on Habeas Corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
E021166
|
People v. Hernandez
Hearsay exception regarding threats of harm involves sufficient indicia of reliability to be constitutional. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
B112071 and B112073
|
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
S072225
|
O'Connor v. Madera County Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
S072326
|
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
S072712
|
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
B114409
|
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-50452 and 97-50453
|
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
96-10574
|
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
96-50597
|
U.S. v. Padilla-Mendoza
Automatic dismissal of jurors based on drug policy views is abuse of discretion but doesn't create presumptively biased jury. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
B118866
|
People v. Johnson
Defendant who fails to register as sex offender for 3 months has intentionally and willfully failed to register. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-56098
|
Turner v. Duncan
Defense counsel in murder case renders ineffective assistance by failing to investigate or read case file. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
98-99028
|
Vargas v. Lambert
Mother of death row inmate has standing to seek stay based on inmate's alleged incompetence. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-1795
|
Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati
Order |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-1985
|
Neder v. United States
Issue of materiality in mail and bank fraud case is properly not submitted to jury. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
98-99028
|
Vargas v. Lambert
Mother of death row inmate has standing to seek stay based on inmate's alleged incompetence. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
96-10467
|
People of the Territory of Guam v. Shymanovitz
Testimony regarding pronographic magazines found in home of child molestation defendant is excessively prejudicial. |
Criminal Law and Procedure |
|
Mar. 12, 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. 12, 1999 | |
A082166
|
People v. McGlothin
Trial court abuses its discretion by substituting its conclusions for the Legislature's in striking a prior offense. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
96-99019
|
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Mar. 12, 1999 |