Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-5172
|
U.S. v. Hanzlicek
Where defendant becomes a fugitive while his case is pending on appeal, state can invoke disentitlement doctrine to dismiss defendant's appeal with prejudice. |
Criminal Law and Procedure |
|
Aug. 17, 1999 | |
B103406
|
Alvarado v. Superior Court (People)
Court can withhold identities from defense after determining from evidence witnesses face mortal danger. |
Criminal Law and Procedure |
|
Aug. 17, 1999 | |
F024209
|
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law. |
Criminal Law and Procedure |
|
Aug. 12, 1999 | |
98-0558 and 99-0014
|
State v. Galati (Petersen)
Trial court may not bifurcate trial by withholding guilty plea or stipulation to prior convictions that are elements of charged offense. |
Criminal Law and Procedure |
|
Aug. 11, 1999 | |
98-0221
|
State v. Thomas
Trial court is precluded from sentencing nonviolent offender to prison for probation violation. |
Criminal Law and Procedure |
|
Aug. 11, 1999 | |
B121168
|
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. |
Criminal Law and Procedure |
|
Aug. 11, 1999 | |
B095369
|
People v. Morante
Defendant's State-Based Orchestration of Drug Trafficking Establishes Jurisdiction But Conspiracy Conviction Conflicts With Law. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
B097693
|
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
A073962
|
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
C022530
|
People v. Tillis
Prosecutor's failure to provide discovery of defense expert's arrest for drug use is harmless error. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
95-10455
|
U.S. v. Doe
Law requiring parental notification of juvenile's arrest doesn't apply to juveniles held by tribal authorities. |
Criminal Law and Procedure |
|
Aug. 9, 1999 | |
97-30185
|
U.S. v. Hanousek
The government doesn't have to prove criminal negligence in violation of Clean Water Act, only "ordinary' negligence is required. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
96-50347
|
U.S. v. Kim
Additional jury instruction corrects erroneous instruction on entrapment stating defendant guilty if he was willing to commit crime before government contact. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
99-70526
|
Babbitt v. Woodford
Under the Antiterrorism and Effective Death Penalty Act, dismissal of claims previously presented in a federal habeas petition is required. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-10197
|
U.S. v. Jackson
Consecutive prison terms can be imposed on defendant following revocation of concurrent terms of supervised release. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-50643 and 97-50645
|
U.S. v. Montero-Camargo
Vehicles' turnaround prior to checkpoint, combined with tandem driving and ethnicity of occupants, can be sufficient to justify border patrol agents' investigative stop. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-50289 and 98-50295
|
U.S. v. Ramirez
Conspiracy and drug smuggling conviction requires more than defendant's mere presence in drug-laden vehicle. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-55037
|
U.S. v. LaValle
Review of federal sentence, that includes enhancement based on now stricken prior state conviction, is proper. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-50011
|
U.S. v. Malandrini
Period of supervised release doesn't begin running until after defendant is released from prison. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-10139 and 97-10215
|
U.S. v. Leon-Reyes
Admission of testimony summaries from previous trial for purpose of showing perjury isn't abuse of discretion. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-10445, 97-10457, 97-10463, 97-10494-6, 97-10515 and 97-10527
|
U.S. v. Hopper
Phony warrant submitted to prevent collection of tax debt and enforcement of tax lien constitutes obstruction of Justice of IRS proceedings. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
97-50157 and 97-50286
|
U.S. v. Deeb
Use of investors money to keep stock certificates in defendant's own name to cover margin purchases warrants conviction under money laundering statute. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-15025
|
Ficklin v. Hatcher
Despite court giving erroneous jury instructions, defendant can still be convicted if jury doesn't rely on faulty instructions. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
98-15768
|
Henry v. Kernan
Defendant's confession is involuntary and therefore inadmissible if it is result of psychologically coercive questioning and unheeded requests for counsel. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
B126607
|
People v. Hannah
If defendant's sentence doesn't include parole, it's inappropriate to impose a restitution fine. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
98-55133
|
Alvarez v. Gomez
Repeated inquiries into the availability of counsel is sufficient to invoke Miranda v. Arizona right to counsel. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
E016630
|
People v. Peck
Defendant's defense of free exercise of religion to possession of marijuana charge is rejected. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
A071025
|
People v. Falck
Stalking statute isn't unconstitutionally vague or overbroad and substantial evidence supports conviction. |
Criminal Law and Procedure |
|
Aug. 5, 1999 |