Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H014026
|
People v. Nguyen
Petty thief with two felony priors, including theft, is properly sentenced to 25 years to life. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
C023677
|
People v. Calderon
Videotaped statements to police are admissible since defendant didn't ask for counsel while in custody. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
A072629
|
People v. Gaines
Prosecutor's statements informing jury why defense witness didn't testify is misconduct warranting reversal of probation. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
96-0716
|
State v. White
Aggravating circumstance of murder in anticipation of pecuniary gain isn't offset by nonstatutory mitigating factors. |
Criminal Law and Procedure |
|
Jul. 14, 1999 | |
D025061
|
People v. Short
Out-of-state conviction without elements of California offense cannot enhance sentence under 'one strike' law. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
H014772
|
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
A073485
|
People v. Espino
Trial court must impose mandatory sentence provided by statute for forcible rape with deadly weapon. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
96-5955
|
Richards v. Wisconsin
Fourth Amendment doesn't permit blanket exception to knock-and-announce requirement for felony drug investigations. |
Criminal Law and Procedure |
|
Jul. 13, 1999 | |
E015983
|
People v. Gallegos
Jury is instructed correctly on elements of provocative act theory of murder. |
Criminal Law and Procedure |
|
Jul. 12, 1999 | |
B099330
|
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries. |
Criminal Law and Procedure |
|
Jul. 11, 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 |
|
Jul. 11, 1999 | |
S059604
|
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
S059651
|
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.' |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
95-50607
|
U.S. v. Garcia
Maximum supervised release periods in Anti-Drug Abuse Act override shorter terms of general sentencing statute. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-30095
|
U.S. v. Stoddard
For double jeopardy, unitary enterprise's enlarged scope and changed participant roles don't create multiple conspiracies. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10195
|
U.S. v. Garcia-Olmedo
Successive marijuana-possessions are aggravated felonies under Immigration and Nationality Act's criminal provisions. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10082
|
U.S. v. Tsinhnahijinnie
Proof is insufficient to prove defendant committed crime charged on any date included within indictment. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10200
|
U.S. v. Chee
No third acceptance of responsibility point for defendant pleading guilty just before trial after victim recants. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
96-35095
|
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
96-99000
|
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
97-70707
|
McDaniel v. U.S. District Court for the District of Nevada (Jones)
In capital defendant's federal habeas action, state's failure to immediately object undercuts relief from discovery order. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
B098331
|
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
94-50648
|
U.S. v. Kohli
Fraudulently derived funds transferred between conspirators can be used to enhance only one defendant's sentence. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
95-99001
|
Langford v. Day
Defendant's claim of ineffective assistance of counsel doesn't warrant reversal of guilty plea or death sentence. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
C022530
|
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
A075660
|
People v. Barriga
Defendant's sentence for sex offense can be amended two years later to include omitted AIDS test. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
C022930
|
People v. Preller
Jury instruction correctly states elements of crime of child abuse resulting in death. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
96-70039
|
Calderon v. U.S. District Court (Hill)
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
95-50369
|
U.S. v. Bancalari
Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
S059576
|
People v. Rusco
Simple possession charge is lesser included offense to possession of some marijuana for sale. |
Criminal Law and Procedure |
|
Jul. 9, 1999 |