| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A076514
|
In re Bittaker
Inmate declared vexatious litigant retains right to file habeas petition without first seeking court's permission. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
95-30018
|
U.S. v. Arteaga
For money-laundering, customer provided information on telegraph carrier's form is admissible against defendant-declarant. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
D025061
|
People v. Short
Out-of-state conviction without elements of California offense cannot enhance sentence under 'one strike' law. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
E017081
|
People v. Lepolo
Evidence of brandishing weapon to police and making threatening comments is admitted for impeachment purposes. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
S053937
|
People v. Helms
After new offense while on probation, prior prison term is imposed consecutively to indeterminate sentence. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
C020732
|
People v. Erwin
Warrantless search is justified after police are alerted to stolen property through use of concealed beeper. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
A073316
|
People v. Ramirez
Statute constitutionally allows alleged sexual assault victim to be identified as 'Jane Doe' at trial. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
E017299
|
People v. Romero
Defendant's alleged mistaken belief that he was only trafficking marijuana and not cocaine isn't defense. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-30357
|
U.S. v. Parrilla
If defendant proves sentencing entrapment claim by preponderance of evidence, gun enhancement is not applicable. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-35049
|
Johnson v. Baldwin
Attorney's failure to investigate client's denial of rape is prejudicial given government's weak case. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-36226, 96-36228 and 96-36231
|
Cort v. Crabtree
New interpretation of nonviolent offenses isn't retroactive to prisoners whose sentence reduction eligibility already decided. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
S016076
|
People v. Holt
Death penalty statutory mitigating factor requiring showing of extreme mental or emotional disturbance isn't vague. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-1133
|
U.S. v. Scheffer
Military rule of evidence barring polygraph results doesn't violate servicemember's right to present a defense. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
99-99004
|
LaGrand v. Stewart
Eighth Amendment prohibition against cruel and unusual punishment is violated by lethal gas execution. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10411 and 97-10427
|
U.S. v. Mitchell
If main basis for conviction is inadmissible evidence about defendant's poverty, reversal is required. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-56421
|
Rhoden v. Rowland
Unconstitutional shackling of defendant at trial in view of jury is inherently prejudicial. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-10259
|
U.S. v. Forbes
Federal law prohibits the imposition of both probation and straight prison time. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-10270
|
U.S. v. Hock
Resentencing defendant on unchallenged conviction is within trial court's discretion. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10285
|
U.S. v. Flores
Co-conspirator testimony which leads to sentence enhancement isn't barred simply because co-conspirator cooperated in expectation of leniency. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-99032
|
McDowell v. Calderon
District court improperly issues protective order on evidentiary matters when attorney-client privilege is waived by alleging ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10535
|
U.S. v. Corral
District court may not rely on impermissible hearsay to calculate a defendant's sentence. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-50359
|
U.S. v. Washington
On sentencing remand, mandate to recalculate base offense level doesn't preclude district court from including other applicable departures. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-50080
|
U.S. v. Bensimon
Admission of 17-year-old fraud conviction to impeach defendant charged with drug possession requires reversal. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-50235
|
U.S. v. Davoudi
Restitution must be based on fair market value of property at the time the victim had power to dispose of it. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
95-50378
|
U.S. v. Qualls
Jury may convict defendant for possessing any one of seven firearms listed in an indictment. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-36058
|
U.S. v. Barron
Trial court errs in requiring defendant to choose between status quo or elimination of plea on motion to vacate sentence for no factual basis. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-50194
|
U.S. v. Mejia-Sanchez
Probation officer doesn't exceed statutory authority by submitting petition to revoke defendant's supervised release to district court. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-10055
|
U.S. v. Jimenez-Medina
Border patrol agent doesn't have reasonable suspicion to stop locally licensed vehicle simply because it is registered to a Mexican national. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-50297
|
U.S. v. Banuelos-Rodriguez
Sentencing disparity that arises from different U.S. Attorney plea-bargaining policies, is basis for downward departure. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-35499
|
Jones v. Wood
Under Death Penalty Act, federal habeas petitioner gets hearing on exhausted claims absent state hearing. |
Criminal Law and Procedure |
|
Jun. 29, 1999 |
