| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-30296
|
U.S. v. Andra
Tax liabilities of individuals advised to illegally evade tax assessment and collection are properly included in calculation of tax loss for sentencing purposes. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
98-0422
|
Shane B., a Minor.
Prohibition against retroactive application of law does not apply when law is purely procedural. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
S070946
|
People v. Rathert
Review granted |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
98-50631
|
U.S. v. Poehlman
Government entraps one who is not predisposed to engaging in sex with minors when government induces person through protracted, aggressive e-mail. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
97-50635
|
U.S. v. Campos
Unstipulated polygraph evidence concerning defendant's mental state is inadmissible when it involves ultimate issue of mens rea. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
99-10270
|
U.S. v. Benavidez
If unstipulated polygraph evidence is more prejudicial than probative and without further evidentiary analysis, it is properly excluded. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
99-10171
|
U.S. v. Smith
Court's refusal to give jury instruction regarding the defense theory and prosecutor's misstatement of law is grounds for reversal. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
99-10295
|
U.S. v. Williams
Court may consider actions as relevant for sentencing purposes that my be barred from prosecution under the statute of limitations. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
G023714
|
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
E025259
|
People v. Matelski
Warrant to search for contraband founded on probable cause implicitly carries with it limited authority to detain occupants of premises while proper search is conducted. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
A088519
|
People v. Frawley
Dismissal of a prior conviction is not an expungement and doesn't prevent ex-felon from being prosecuted for possession of nonconcealable firearm. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
F033118
|
People v. Brown
Jury instruction that 'possession of contraband is not unlawful if possession is solely for purpose of disposal' does not apply to incarcerated inmates. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
B136294
|
People v. Downey Jr.
Trial court may deny reinstatement of probation so long as decision does not exceed the bounds of reason. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
E025274
|
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
E025274
|
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
B123823
|
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.' |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
S081186
|
Stroud v. Superior Court (People)
Magistrate's one-day absence from preliminary examination to attend Judicial Council meeting is not grounds to dismiss a complaint. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
S013187
|
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
S013187
|
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
S012568
|
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer. |
Criminal Law and Procedure |
|
Aug. 30, 2000 | |
|
99-50587
|
U.S. v. Alatorre
Separate hearing outside presence of jury to asses relevance and reliability of expert testimony is not required. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
99-15574
|
Jiminez v. Rice
Prisoner's habeas corpus petition is time-barred by Antiterrorism and Effective Death Penalty Act |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
99-30305
|
U.S. v. Kafka
Domestic violence restraining order statute that fails to notify persons subject to it that they are prohibited from possessing firearms doesn't violate due process. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
99-50356
|
U.S. v. Galin
Criminal defense attorney's knowing and intentional violation of district court rules is sanctioned as criminal contempt. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
B136443
|
People v. Harris
Jury may infer that large quantity of drugs found on accused is possessed for purpose of sale. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
C030585
|
In re a Blue Chevy Astro
Vehicles used merely to transport fighting birds and equipment and not directly used in the fighting cannot be seized under forfeiture laws. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
D035689
|
People v. Superior Court (Pfingst)
Deputy DA has no legitimate expectation of privacy with respect to his actions as public servant and therefore cannot assert privileges for any materials generated. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
C030812
|
People v. Grayson
Convicted criminal may only be subject to one punishment although his criminal act may be punishable under several provisions. |
Criminal Law and Procedure |
|
Aug. 29, 2000 | |
|
F035818
|
People v. Superior Court (Berryman)
Filing of writ of habeas corpus alleging ineffective assistance of counsel is sufficient cause for people to make confidential funding request. |
Criminal Law and Procedure |
|
Aug. 27, 2000 | |
|
S013188
|
People v. Ayala
California Supreme Court upholds death penalty where defendant is convicted of attempted robberies and murders of three people. |
Criminal Law and Procedure |
|
Aug. 27, 2000 |
