| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-10074
|
U.S. v. Ramirez-Rangel
Evidentiary hearing necessary on materiality of informant's testimony to sentencing after defendant's denial regarding weapon. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
G020147
|
Lewis v. Superior Court (People)
Appearance of conflict of interest warrants recusal of prosecutor in Orange County bankruptcy-related case. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
F024351
|
People v. Rodriguez
Offense upon which arrest is made needn't be related to probable-cause-to-arrest offense. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
95-1717
|
U.S. v. Lanier
Supreme Court decision needn't identify constitutional right in 'fundamentally similar' fact situation to validate convictions. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
F024880
|
People v. Hannah
Brief detention of defendant by police during service of arrest warrant for someone else is lawful. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
A073280
|
People v. Mora
Biological father may be convicted of battering mother of his child despite termination of parental rights. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
H015091
|
People v. Ranger Insurance Co.
Surety released from obligations under bond by court's failure to give actual notice of forfeiture. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
95-50492
|
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-10049
|
U.S. v. Thompson
Actual touching of victim isn't required to support sentence enhancement for 'physical restraint' of victim. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
C024189
|
People v. Carter
Police officer's testimony as expert opinion defendant possessed rock cocaine for sale purposes is admissible. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
B109127
|
Gordon v. Superior Court (People)
Attorney's records seized by warrant must remain sealed until special master holds noticed hearing. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
B100300
|
People v. Santiago
Physically-abused child's consent to police entry into home and gathering of evidence is valid. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-50498 and 96-50508
|
U.S. v. Garcia-Barron
Driver's efforts to avoid border checkpoint in smuggling area raises reasonable suspicion to stop rented vehicle. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
A065808
|
People v. Marroquin
Conviction for street gang participation based on same events from earlier conviction violates double jeopardy. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-50420
|
U.S. v. Walker
Federal Rules of Evidence do not apply in proceedings to revoke term of supervised release. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
B106633
|
People v. Superior Court (Gifford)
Trial court cannot alter terms of negotiated plea by imposing probationary sentence rather than prison term. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
94-30453 and 94-30454
|
U.S. v. Moore
Parent cannot consent to 'strawman' purchasing gun for son who used it to kill policeman. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
A065808
|
People v. Marroquin
Conviction for street gang participation based on same events from earlier conviction violates double jeopardy clause. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-50072 and 96-55191
|
U.S. v. Pirro
Delay considering habeas motion challenging conviction until direct appeal resolved doesn't render motion ineffective. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
B096682
|
People v. Watson
Robbery using a firearm and defendant's prior criminal involvement warrants 40 years to life imprisonment. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
S060180
|
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
C021838
|
People v. Speegle
Jury instruction stating that conviction for animal neglect requires proof of civil negligence is improper. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
B103823
|
People v. Green
Father's attempt to intimidate suspected abused child supports conviction for impeding police investigation. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
95-6556
|
Old Chief v. United States
Risking tainted verdict, court improperly spurns defendant's concession to prior judgment and admits full record. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
95-1858
|
Vacco v. Quill
New York's bar against assisted suicide does not violate equal protection provisions. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
96-10203
|
U.S. v. Patch
Deputy has authority to stop vehicle driving recklessly to determine if driver is tribal member. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
D024403
|
People v. Hernandez
Admission of computer data showing no similar crimes in area before defendant's arrival is prejudicial. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
B099308
|
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible. |
Criminal Law and Procedure |
|
Jul. 3, 1999 | |
|
96-10208
|
U.S. v. Newland
For base offense level for drug conspiracy, drug quantities imported and possessed by co-conspirators count. |
Criminal Law and Procedure |
|
Jul. 3, 1999 | |
|
96-50274
|
U.S. v. Gutierrez
Federal prisoner cannot avoid successive motions prohibition by seeking statutory clarification of plea agreement. |
Criminal Law and Procedure |
|
Jul. 3, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com