Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B101822
|
People v. Adames
Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
F025107
|
People v. Gallegos
Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
E018537
|
People v. Ritter
Removal and search of fanny pack belonging to man detained but not arrested is permissible. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
S055184
|
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
93-99015
|
Villafuerte v. Stewart
Trial court doesn't err by not giving lesser included instruction in felony murder trial. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
95-10033
|
U.S. v. Miguel
Sequestered defendant must have contemporaneous electronic communication with counsel during taped deposition of child abuse victim. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
96-10190
|
U.S. v. Padilla
Non-driver's status as coconspirator with car's owner does not confer standing to challenge police search. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
94-50292 and 95-50215
|
U.S. v. Amlani
Disparagement of defense counsel by government resulting in obtaining new lawyer is Sixth Amendment violation. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
94-10040
|
U.S. v. Putra
Court can consider acquitted conduct at sentencing if it finds conduct true by preponderance of evidence. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
97-7086
|
Foster v. Ward
Attorneys failure to present alibi evidence corroborating defendants testimony isnt ineffective assistance. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
92-1403
|
Duncan v. Calderon
Anti-Terrorism and Effective Death Penalty Act applies retroactively to capital defendant's pending habeas petition. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
94-55990
|
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
A071418
|
People v. Soto
Claims of sentencing error are waived if specific objections aren't made at time of hearing. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
A071295
|
People v. Nichols
Court isn't required to instruct on the power of jury nullification, even if jury asks. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
E017326
|
People v. Crone
Failure to instruct on significance of reasonable doubt in choice between greater and lesser offenses is harmless. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
95-50181
|
U.S. v. Hernandez
Felon firearm conviction is overturned after admission of unredacted felony judgment despite stipulation offer. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
96-10081
|
U.S. v. Sotelo
Defendant's belief in sole allegiance to U.S. doesn't establish 'national' status as opposed to alien status. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
S060180
|
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
98-15932
|
Hart v. Gomez
Failure of defense attorney to introduce records corroborating possible biased defense witness' uncorroborated testimony is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
98-50226
|
U.S. v. Phillips
Restitution cannot be ordered based on counts dropped pursuant to plea bargain unless payment is specifically part of plea agreement. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
B118546
|
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
B116141
|
People v. Allen
No error admitting DNA evidence obtained by short tandem repeats polymerase chain reaction testing nor in finding tests are 'generally accepted in scientific community.' |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
C030442
|
People v. Diller
Prior juvenile adjudication that's violent offense under Penal Code, but not listed in Welfare and Institutions Code, doesn't qualify as strike. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
G020930 G020930
|
People v. Chutan
Defendant's confession, made during investigation of child abuse allegations, doesn't need to be suppressed for failure to give advisement of rights. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
F028298
|
People v. Lyons
No error in failure to reduce defendant's firearm-use sentence enhancements to one-third the middle term under consecutive term limitation statute. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
G022388
|
People v. Mejia
Defendant fleeing from car is guilty of firearm possession within school zone, if car is partially within zone. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
B099627
|
People v. Ervin
Law prescribing greater punishment for robbery at automatic teller machine isn't unconstitutionally vague. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
S058825
|
People v. Reyes
Reasonable suspicion of criminal or parole-violative activity test applies to adult parole searches. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
95-30074
|
U.S. v. Stocks
Federal probationer can waive rights to hearing and counsel for purposes of extending probation term. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
A069766
|
People v. Feinberg
Court's failure to reiterate materiality requirement in jury instruction on perjury charge is harmless error. |
Criminal Law and Procedure |
|
Jul. 7, 1999 |