| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-8021
|
U.S. v. Brown
Evidence is sufficient to convict owner of snowmobile rental operation of conducting commercial activity on national forest land without special use permit. |
Criminal Law and Procedure |
|
Jan. 12, 2000 | |
|
98-36073
|
Duhaime v. Ducharme
Under Antiterrorism and Effective Death Penalty Act, life imprisonment without parole if defendant pleads not guilty and later convicted, is not unconstitutional. |
Criminal Law and Procedure |
|
Jan. 10, 2000 | |
|
S077289
|
Lee v. Superior Court (People)
Falsely impersonating a deceased person is criminal offense, despite lack of harm to deceased's present reputation. |
Criminal Law and Procedure |
|
Jan. 7, 2000 | |
|
98-3287
|
U.S. v. Guidry
Court commits judicial error in embezzlement case by imposing sentence enhancements for abuse of position of trust. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
99-2122
|
U.S. v. Hill
Totality of circumstances, coupled with officer's advisement that defendant need not consent, supports search and seizure of contraband in luggage. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-5154
|
Clayton v. Gibson
Six year lapse between trial's start and competency determination isn't deprivation of due process rights. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-3343 & 98-3347
|
U.S. v. Brown
Agreement to commit carjacking necessarily involves substantial risk of physical force and justifies conviction of carrying firearm during crime of violence. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-3193
|
U.S. v. Nolan
Court erred in suppressing evidence obtained from warrant that allowed seizure of assets relating to drug trafficking but not drugs or drug paraphernalia. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-04661
|
United States v. $3,148,884.40 United States Currency
In forfeiture action, recovery is limited to amount of bank commissions and charges not returned to government. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
99-6181
|
Kuehner v. Guzik
Order |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-4226 an 99-4002
|
U.S. v. Salas
Order |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-3328 and 98-3329
|
U.S. v. Youmans
Order |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
98-3350
|
U.S. v. McGuire
Question of carjacking victim's injuries need not be submitted to jury when government doesn't seek enhanced sentence under 18 U.S.C. Section 2119. |
Criminal Law and Procedure |
|
Jan. 5, 2000 | |
|
D032071
|
People v. Campbell
Trial court's failure to advise of constitutional rights before defendant admits prior convictions invalidates the admissions. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-10502
|
U.S. v. Linick
Forest Service's regulatory scheme is unconstitutionally overbroad, but the regulation's interpretive rule preserves the scheme's constitutionality by limiting the Forest Service's authority. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031235
|
People v. Rhoden
Prosecution may withdraw from plea bargain at any time before defendant pleads guilty or otherwise relies on plea bargain to his detriment. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B123190
|
People v. Avanessian
Smog certificate is a 'certificate,' as defined by Vehicle Code, and its fraudulent production is prohibited. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B130777
|
People v. Toney
Maintaining a drug laboratory in the home is a form of indirect child abuse. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
A083097
|
People v. Lamb
'Harvey' rule, preventing consideration of facts underlying dismissed charges, doesn't apply to sentencing on guilty plea to child molestation. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
G021783
|
People v. Arndt
Single injury cannot be used to impose two injury-related enhancements. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
E023152
|
Randy S., a Minor
Age is but one factor in determining whether minor is capable of possessing the specific intent to arouse his own sexual desire. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
A086057
|
People v. Scott
Circumstantial evidence may be used to draw inference that the only person in vicinity of the car was its driver. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F030635
|
People v. Henderson
Pit bulls may be considered a "deadly weapon." |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B133621
|
Sanders v. Superior Court (People)
Accused, whose conviction on one charge is reversed, may not be tried for new charges based on same evidence. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
S006547
|
People v. Carpenter
Evidence considered by jury regarding murder of hikers on remote path, allegedly committed by defendant, sufficiently supports jury's death penalty verdict. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
H019333
|
People v. Ranger Insurance Co.
Recent amendment in Penal statute, requiring a bail bond forfeiture to be declared in open court, does not apply retroactively. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F030742
|
People v. Alvarado
Carjacking, rather than attempted carjacking, exists when defendant has possession of vehicle and carries it away, however slight the movement. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-35526
|
U.S. v. Valdez
One-year limitations period, for statute allowing habeas review based on newly recognized right, runs from date new right becomes retroactive. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50082
|
U.S v. Cordoba
District court's refusal to admit results of unstipulated polygraph examination, pursuant to the Federal Rules of Evidence, isn't an abuse of discretion. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031878
|
People v. Ewing
'Harass,' as used in stalking statute, is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Dec. 30, 1999 |
