Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-10331
|
U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B111626
|
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
G021342
|
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-50146
|
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B113920
|
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
A079845
|
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
95-55988
|
U.S. v. Gough
Hiring another to drive truck filled with drug proceeds and watching unloading of truck constitutes money laundering. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
C025717 and C027291
|
People v. Carr
Defendant may be convicted both of burglary and of receiving property stolen in burglary. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10377
|
U.S. v. Garcia
Gang members' general agreement to support each other in fights doesn't prove conspiracy to commit assault. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
H016392
|
People v. Jackson
Kidnapping incident consisting of one abduction and a continuous period of detention is a single criminal act. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B112980
|
People v. Rodriguez
Special circumstance of 'drive-by' murder is constitutional on its face and as applied. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10422
|
U.S. v. Sandoval
Conviction for infraction of petty theft may be counted toward criminal history score. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-50137
|
U.S. v. Smith
Conviction for insider trading requires proof that defendant actually used material non-public information. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
98-10236
|
U.S. v. Kaczynski
Media's common law right of access outweighs defendant's privacy interest in content of psychiatric report. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-99004
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
A080649
|
People v. Burks
Custody credits waived after probation violation generally aren't recaptured when probation violated again. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-10100
|
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-30095
|
U.S. v. Odedo
Court must explain nature of charges to defendant before accepting guilty plea. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-0095
|
In re David H.
Probation officer having authority of a peace officer in performance of official duties is a peace officer, and assault thereon is aggravated assault. |
Criminal Law and Procedure |
|
Mar. 25, 1999 | |
98-3024
|
U.S. v. McClelland
Order |
Criminal Law and Procedure |
|
Mar. 25, 1999 | |
97-17238
|
Moreno v. Stewart
Trial court doesn't have to openly discuss validity of defendant's waiver of right to counsel before allowing self-representation. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
98-6178
|
U.S. v. Negri
Order |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
98-7068
|
Parks v. Hargett
Order |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
98-7045
|
U.S. v. Crawford
Order |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
98-6402
|
Maloney v. Poppel
Order |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
97-50594
|
U.S. v. Green
Exceptional post-sentencing rehabilitation efforts may justify downward departure upon resentencing. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
97-99011
|
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
D025705
|
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
S057191
|
People v. Birks
Denial of defendant's requested instruction on lesser included offense isn't prejudicial error requiring reversal of conviction. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
96-30363
|
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions. |
Criminal Law and Procedure |
|
Mar. 24, 1999 |