| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S072486
|
People v. Tufunga
'Claim of right' defense is no longer available as defense to robberies perpetrated to satisfy, settle or collect on a debt. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-35900
|
Rivera v. Pugh
Double jeopardy isn't violated when defendant is prosecuted for refusing to take blood-alcohol test after driver's license revoked for same refusal. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-4153
|
U.S. v. Salvador-Rodriguez
Order |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50171
|
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
E024120
|
Durdines v. Superior Court (People)
When defendant claims ineffective assistance of counsel, attorney need not explain his behavior before the issuance of writ of habeas corpus. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
S068840
|
People v. Zermeno
Assault by gang member, and aiding by fellow gang member, is only single offense for Street Terrorism Enforcement and Prevention Act purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031953
|
People v. Balestra
Consent to warrantless searches is a reasonable term of probation for an elder-abuse conviction. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50371
|
U.S. v. Clark
State prohibition of practicing law without a license is assimilated into federal law under the Assimilative Crimes Act. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
A081134
|
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-10359
|
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F031435
|
People v. Suon
Withdrawal of guilty plea, on ground that court failed to advise defendant of possible adverse immigration consequences, requires proof of noncitizenship. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-15061
|
Spivey v. Rocha
Aider and abettor is required to have intent to encourage criminal activity, but needn't share perpetrator's intent to commit that specific offense. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
99-99027
|
Ortiz v. Stewart
No habeas relief, pursuant to Antiterrorism and Effective Death Penalty Act, permissible when state only recently establishes mechanism for appointing postconviction counsel. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
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 |
|
Dec. 30, 1999 | |
|
98-15836 and 98-16207
|
In re 2659 Roundhill Dr.
Purchase of privately foreclosed real property bars government forfeiture claim when civil forfeiture proceeding was filed after recordation of trust deed. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-30290
|
U.S. v. Cruz-Guerrero
Involuntary manslaughter involving firearm is an aggravated felony for U.S. Sentencing Guideline purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-35884
|
Spicer v. Gregoire
Requiring defendant to prove consent was harmless error when state still had burden to prove that sexual intercourse occurred by 'forcible compulsion.' |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50606
|
U.S. v. Esparza-Ponce
Petty theft is a crime of moral turpitude, which justifies deportation. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50610
|
U.S. v. Gracidas-Ulibarry
Government must only show that illegal alien had general intent to re-enter states without authorized consent. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
96-10527
|
U.S. v. Kaluna
Under federal three strikes law, it's the government burden to demonstrate that prior offenses qualify as 'serious violent felonies.' |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-16625
|
U.S. v. Dawson
Failure to advise defendant of his right to confrontation and privilege against self-incrimination during plea proceedings is subject to harmless-error analysis. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50595
|
U.S. v. Corrales-Beltran
Failure to advise alien that he had the right to appeal bail determination doesn't invalidate deportation when no prejudice shown. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50405
|
U.S. v. Byrne
Oral granting of motion for acquittal isn't 'final judgment of acquittal,' and double jeopardy clause isn't violated. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-55338
|
U.S. v. Dutkel
Jury tampering by co-defendant requires conviction of defendant to be vacated, unless jury's deliberations regarding defendant aren't affected. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-10189
|
U.S. v. Portillo-Cano
Even though right to appeal was waived, defendant can still appeal if district court didn't explain nature of charges. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-30267 and 98-30283
|
U.S. v. Lawton
Uncharged conduct, due to a plea bargain, can't be a basis for departing from the U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
G021783
|
People v. Arndt
Enhancement for bodily injury doesn't preempt enhancement for injury causing victim to become comatose. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B126166
|
People v. Martinez
Imposition of 25-year sentence enhancement is not cruel or unusual punishment for defendant who used firearm causing great bodily injury. |
Criminal Law and Procedure |
|
Dec. 29, 1999 |
