Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-50006
|
United States v. McNally
Defendant's false statements causing two day delay in locating kidnapped child warrants sentence enhancement. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
C026234
|
People v. Lunsford
When loss can't be ascertained at sentencing, agency administering victim restitution can determine it later. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A077542
|
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S029453
|
People v. Roybal
Continuance to wait for expert, who defendant believed would testify DNA test was invalid, is properly denied. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A081294
|
People v. Martinez
Swiss army knife is a deadly weapon. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-10420
|
James v. U.S. Parole Commission
Defendant who insists on innocence and isn't credible hasn't accepted responsibility for crimes. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S062739
|
People v. Davis
Person who, with store's knowledge, receives 'refund' for unpurchased merchandise, commits trespassory larceny. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-10222
|
U.S. v. Bulacan
Administrative search scheme to detect explosives in federal building doesn't extend to search for drugs. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
H017022
|
People v. Whitworth
Prior felony conviction admissible to impeach even though jury must make factual finding concerning conviction. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
D028205
|
People v. White
Court's failure to grant defendant's new trial motion based on instructional error, doesn't merit reversal of conviction. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S075543
|
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-8027
|
U.S. v. Giesse
Order |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-9217
|
Peguero v. United States
Court's failure to advise defendant of 'right to appeal' isn't error if defendant already knew of right and suffered no prejudice by omission. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A-735
|
Stewart v. LaGrand
Defendant who chooses lethal gas execution over another method waives right to challenge its constitutionally. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S075458
|
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-7164
|
Holloway v. U.S.
Under federal carjacking statute, Government doesn't have to prove unconditional intent to kill to satisfy requisite mens rea. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-8629
|
Richardson v. United States
Proof of a drug-dealing conspiracy doesn't require proof that a monopoly exists. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-35566
|
U.S. v. Benboe
Collateral attack on conviction based on development in case law is permitted notwithstanding appeal waiver. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A078653
|
People v. Craig
Court may increase sentence for base offense following appeal, if total sentence does not exceed original. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B113027
|
Oliver v. County of Los Angeles
New card game based on blackjack is prohibited though not specifically mentioned in Penal Code. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E021039
|
People v. Rodola
Grand theft involving firearm includes grand theft of a firearm. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
C024963
|
People v. Tabios
Claim of imperfect self-defense is irrelevant to charge of second degree felony murder. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B116694
|
People v. Hall
Court doesn't have to impose consecutive sentences if it's unclear whether crimes arose on same occasion. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S072752
|
People v. Fields
Defendant's jury waiver invalid where record indicates mistaken belief that jury verdict wouldn't be appealable. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E020775
|
People v. Monarrez
Possession of different controlled substances simultaneously supports separate punishment for each. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S072560
|
People v. Newman
Defendant must be advised of rights before stipulating to prior conviction that elevates misdemeanor to felony. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-71334
|
Wilson v. The United District Court
Execution stayed after petition for writ of mandamus denied. |
Criminal Law and Procedure |
|
Mar. 10, 1999 | |
97-16987
|
Lopez v. Smith
Trial Court isn't required to give forma pauperis prisoner opportunity to amend complaint. |
Criminal Law and Procedure |
|
Mar. 10, 1999 | |
97-50617
|
U.S. v. Partlow
Sentencing court must deduct points for specific offense before applying mandatory increase for 'risk of injury.' |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-50145
|
U.S. v. Vasquez
Court may impose supervised release after revoking defendant's probation. |
Criminal Law and Procedure |
|
Mar. 8, 1999 |