Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-10386
|
Matter of Extradition of Artt
General scheme for extradition of prisoners to United Kingdom doesn't violate separation of powers doctrine. |
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 real case file. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
B123780
|
People v. Funches
Superior court clerk has duty to reject notice of appeal filed 13 years after judgment. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-10269
|
U.S. v. McElyea
Burglaries constituting one criminal episode don't justify sentence enhancement under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
D026988
|
People v. Albritton
Child abuse resulting in death is general intent crime, and statute establishing crime is constitutional. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
97-50206
|
U.S. v. Robertson
Insurance company may be victim of crime of possession of forged securities of an organization. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A081294
|
People v. Martinez
Swiss army knife is a deadly weapon. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
C026311
|
People v. Granderson
Trial may proceed in defendant's absence if defendant was present on first day of jury selection. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B112968
|
People v. Jones
Offenses not committed on the same occasion mandates imposition of consecutive sentences. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-50006
|
United States v. McNally
Defendant's false statements causing two day delay in locating kidnapped child warrants sentence enhancement. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
C026234
|
People v. Lunsford
When loss can't be ascertained at sentencing, agency administering victim restitution can determine it later. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A077542
|
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S029453
|
People v. Roybal
Continuance to wait for expert, who defendant believed would testify DNA test was invalid, is properly denied. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A081294
|
People v. Martinez
Swiss army knife is a deadly weapon. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-10420
|
James v. U.S. Parole Commission
Defendant who insists on innocence and isn't credible hasn't accepted responsibility for crimes. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S062739
|
People v. Davis
Person who, with store's knowledge, receives 'refund' for unpurchased merchandise, commits trespassory larceny. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-10222
|
U.S. v. Bulacan
Administrative search scheme to detect explosives in federal building doesn't extend to search for drugs. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
H017022
|
People v. Whitworth
Prior felony conviction admissible to impeach even though jury must make factual finding concerning conviction. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
D028205
|
People v. White
Court's failure to grant defendant's new trial motion based on instructional error, doesn't merit reversal of conviction. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S075543
|
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-8027
|
U.S. v. Giesse
Order |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-9217
|
Peguero v. United States
Court's failure to advise defendant of 'right to appeal' isn't error if defendant already knew of right and suffered no prejudice by omission. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A-735
|
Stewart v. LaGrand
Defendant who chooses lethal gas execution over another method waives right to challenge its constitutionally. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S075458
|
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-7164
|
Holloway v. U.S.
Under federal carjacking statute, Government doesn't have to prove unconditional intent to kill to satisfy requisite mens rea. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-8629
|
Richardson v. United States
Proof of a drug-dealing conspiracy doesn't require proof that a monopoly exists. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-35566
|
U.S. v. Benboe
Collateral attack on conviction based on development in case law is permitted notwithstanding appeal waiver. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A078653
|
People v. Craig
Court may increase sentence for base offense following appeal, if total sentence does not exceed original. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B113027
|
Oliver v. County of Los Angeles
New card game based on blackjack is prohibited though not specifically mentioned in Penal Code. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E021039
|
People v. Rodola
Grand theft involving firearm includes grand theft of a firearm. |
Criminal Law and Procedure |
|
Mar. 11, 1999 |