| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F025927
|
People v. Fowler
Prior juvenile adjudication can be used as a strike when it occurred without a jury trial or waiver of a jury trial. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
E021856 and E021904
|
People v. Adame
Introduction of testimony of accomplice who received favorable sentencing treatment isn't error. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
S069783
|
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
D027985
|
People v. Mobley
Court has no duty to instruct jury on when a person is 'developmentally disabled' as it relates to a victim's sexual acts performed on a defendant. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
F030085
|
People v. Kelly
Technical error in calculating sentence doesn't result in reduction of prison term when aggravating factors support the sentence imposed. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
S029707
|
In re Cudjo
No evidence of ineffective assistance of counsel for failure to present evidence that victim was possibly murdered by her husband. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
98SA452
|
In re Johnson
Evidence of voluntary use of controlled substances supports probable cause funding as to possession charge. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-203
|
Johnson v. United States
Trial court's decision to determine materiality instead of jury in perjury case isn't plain error. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
C023811
|
People v. Fitch
In sex offense case, government can introduce evidence of defendant's commission of prior sex offense. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
S053937
|
People v. Helms
Application of three strikes law to offense committed before its enactment violates ex post facto law. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
S060105
|
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
A071862
|
People v. Lee
Instructing jury on incorrect theory to reduce killing from murder to manslaughter is harmful error. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
S059800
|
People v. Short
Out-of-State conviction without elements of California offense cannot enhance sentence under 'One Strike' Law. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
A074341
|
People v. Conrad
Acting 'in concert' with enjoined abortion protesters requires defendants to have actual relationship with protesters. |
Criminal Law and Procedure |
|
Jun. 27, 1999 | |
|
S009141
|
People v. Jones
Defendant isn't denied due process by his being given antipsychotic drugs to control his schizophrenia. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
H015792
|
People v. Fioretti
Registered sex offender must inform authorities of residence change despite probation discharge and record clearance. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B100127
|
People v. Tate
Submitting false document showing defendant's completion of probationary conditions supports conviction for filing false instrument. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-30285
|
U.S. v. Hall
Fruits of search based on officer's reckless withholding of information undermining informant's credibility are suppressed. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-30098, 96-30108 and 96-30129
|
U.S. v. Cazares
Plea to drug conspiracy with overt act gun possession doesn't establish weapon possession for sentencing. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-6133
|
Bracy v. Gramley
Evidence judge was bribed in other cases provides justification to grant discovery in judicial bias claim. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B100127, B098159 and B104258
|
People v. Tate
Submitting false document showing defendant's completion of probationary conditions supports conviction for filing false instrument. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-10008
|
U.S. v. Wofford
Felon-in-possession doesn't have justification defense if last threat was five months before charged conduct. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-30010
|
U.S. v. Longoria
Defendant admitting facts supporting guilty plea doesn't satisfy requirement to advise of offense's elements. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
C022697
|
People v. Milton
Resentencing is required when record is silent on whether judge exercised discretion to strike prior convictions. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
F024895
|
People v. Trevino
No group bias if peremptory challenges are not based solely on group association. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-10291
|
U.S. v. Zelaya
Sentence enhancement for accomplice's death threat during robbery requires finding threat was reasonably foreseeable. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-16649
|
U.S. v. Fonseca-Caro
Defendant is vicariously liable for gun use by co-conspirator despite law requiring defendant's active firearm employment. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-30291
|
U.S. v. Jones
No requirement to use current Guidelines at resentencing and post-sentencing finances are usable to re-set fine. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
94-10534
|
U.S. v. Sablan
District court needn't gauge extent of departure from Sentencing Guidelines by analogy to other guidelines. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-50370
|
U.S. v. Paguio
Parent's confession clearing minor child is admissible under hearsay exception for inculpatory statement of unavailable witness. |
Criminal Law and Procedure |
|
Jun. 26, 1999 |
