| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-50076 and 95-50079
|
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-30253
|
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-50534
|
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-50492
|
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10525
|
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
G018069
|
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
94-294
|
U.S. v. Mendoza
Jurisdiction isn't lost after prosecutor with defective appointment appears post-indictment and conducts case. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
A070538
|
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-7185
|
Bates v. United States
Specific intent to injure or defraud government isn't element of misapplying federally-insured student loan funds. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-30103
|
U.S. v. Gilcrist
Determining 15-year offense cutoff for criminal history, parole to serve consecutive sentence ends prior term. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
96-50270
|
U.S. v. Kim
De novo review is required for district court's decision on authority to consent to search. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
95-10366 and 95-10394
|
U.S. v. Lopez
Sentence can be reduced for prejudice to defendant after government misconduct during plea negotiations. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
S053965
|
People v. Pulido
Aider and abettor after robbery and killing is not guilty of first degree murder. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
99-0070
|
Jones v. Kiger
Retrial barred after mistrial granted over defendant's objections. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0463
|
State v. Cutright
Instance where person fires gun into occupied house and is found driving in his car shortly thereafter supports a jury instruction of defendant's potential 'flight.' |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
97-0334
|
State v. Clabourne
Consecutive sentences imposed for defendant's noncapital charges improper where death penalty is affirmed. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0267
|
State v. Valenzuela
Failure to give instruction on lesser included offense of manslaughter is reversible error when it might have contributed to murder conviction. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0381
|
State v. Harrison
Trial court's failure to state on the record, at time of sentencing, reasons for not imposing presumptive sentence is structural error. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0202
|
State v. Murray
Legislature may not retroactively overturn court decision making certain defendants eligible for parole. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-0622
|
State v. Brown
Driving on a suspended license is not a lesser included offense to Aggravated DUI when it is not included in the indictment. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
98-50157
|
United States of America v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
B098009
|
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
A071225
|
People v. Bunn
Statute enlarging limitations for molestation charge doesn't apply to offenses occurring prior to 1988. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
F023652
|
People v. Cardenas
Defendants do not have right to question potential jurors about three strikes law. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
B104932
|
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
95-10483
|
U.S. v. Sayetsitty
Jury must be instructed voluntary intoxication can negate specific intent for aiding and abetting murder. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
95-10560
|
U.S. v. Kallin
Jeopardy attaching in original tax-fraud trial continues through retrial after IRS's imposition of civil penalty. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
95-1605
|
United States v. Gonzales
Mandatory federal firearms sentence cannot run concurrently with any other state or federal prison term. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
S050827
|
Garcia v. Superior Court (People)
Defendant cannot challenge prior conviction for ineffective counsel assistance during current prosecution for noncapital case. |
Criminal Law and Procedure |
|
Jul. 15, 1999 |
