| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S063658
|
People v. Harbolt
Judicial notice of appellate opinion affirming defendants conviction is permitted as proof of prior conviction. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
96-30199
|
U.S. v. Stockdale
Sentence reduction based on downgrade of marijuana weight equivalencies doesn't include benefit of 'safety valve' statute. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
97-8214, 97-1390, 97-8660 and No. 125 Org.
|
Breard v. Greene
Alien isn't entitled to habeas relief or execution stay for Vienna Convention on Consular Relations violation. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
96-1584
|
Campbell v. Louisiana
White defendant has standing for Fourteenth Amendment objection to exclusion of blacks from grand jury. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
A075154 and A080988
|
People v. Bryden
Ineffective assistance of counsel isn't found when reasonable probability doesn't exist that outcome would be different. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
B111467
|
People v. Rodarte
Making terrorist threats is crime of force or violence under mentally disordered offender statute. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
B107563
|
People v. Robinson
Mentally disordered offender statute is non-penal and doesn't violate ex post facto clauses. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
97-16743
|
Miles v. Stainer
Time period specified in order granting conditional habeas relief ordinarily runs from date mandate issues. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
97-30018, 97-30019, 97-30022, 97-30027, 97-30030 and 97-30044
|
U.S. v. Ladum
Defendant may be prosecuted for witness tampering under statute predating Victim and Witness Protection Act. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
C022942
|
People v. Perry
Co-defendant can use evidence on own behalf even though it was suppressed in defendant's case. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
E018792
|
People v. Avila
Defendant's suppression motion is denied since officer found drugs during valid stop and frisk. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
A073612
|
People v. Bamba
False imprisonment statute is neither unconstitutionally vague nor overbroad. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
B107718
|
People v. Hinks
Defendants can be convicted of receiving stolen property despite being principals in property theft. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
A075675
|
People v. Morgan
After victim changes story at trial, expert testimony of battered women's syndrome can be admitted. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
A075729
|
People v. Aguilar
'Cruel or extreme pain and suffering' and other terms in torture statute aren't unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
97-70277
|
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
C026653
|
Zachary v. Superior Court (People)
Failure to petition for extended commitment until one month after expiration of commitment violates due process. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-56462
|
Turner v. Marshall
No valid challenge to African-American juror for aversion to gory pictures given white juror's greater squeamishness. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B098599
|
People v. Vong
Resentencing necessary after trial court erroneously believes it lacks discretion to strike defendant's prior conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S058290
|
People v. Callahan
Prior out-of-state conviction, when defendant was a minor, is 'strike' if Penal Code criteria met. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S061117
|
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-36058
|
U.S. v. Barron
Lack of factual basis for plea established in defendant's post-conviction motion justifies rescinding plea agreement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S064345
|
People v. Martinez
Modified version of asportation standard for aggravated kidnapping applies where victim is under 14 years old. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S053739
|
People v. Renko
Trial court errs in considering defendant's prior juvenile convictions for purposes of three strikes sentencing. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H015332
|
People v. O'Neil
Crime becomes carjacking once defendant resorts to use of fear to retain possession of truck. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F025018
|
People v. Erickson
Expert testimony concerning battered defendant's mental state on night of crime is properly excluded from trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S063705
|
People v. Keelen
Court has discretion to determine length of term to be tripled under three strikes law. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S063707
|
People v. Duarte
Trial court must advise defendant of consequences of admission to prior theft-related convictions. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S053739
|
People v. Renko,
Trial court errs in considering defendants prior juvenile conviction for purposes of three strikes sentencing. |
Criminal Law and Procedure |
|
Jun. 15, 1999 |
