Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
94-10022
|
U.S. v. Knapp
Removing issue of materiality of false statements in currency reports from jury invalidates currency reporting conviction. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-30161
|
U.S. v. Gonzalez
Hearing is necessary before sentencing defendant seeking new counsel, claiming defense attorney coerced guilty plea. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-50151
|
U.S. v. Iriarte-Ortega
Jury can reasonably infer conspiratorial agreement for alleged marijuana smugglers' coordinated transporting actions at border. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
95-30227, 95-30239 and 95-30240
|
U.S. v. Scrivner
No plain error by imposing sentence for D-methamphetamine without government proof of using that specific drug. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-30194
|
U.S. v. Villasenor-Cesar
Defendant doesn't deserve acceptance of responsibility adjustment absent timely notification of guilty plea intent. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
97-35029, 97-35030, 97-35039 and 97-35111
|
Jacks v. Crabtree
Prison Bureau denies sentence reduction for prisoner, completing drug-treatment program, but having prior violent crime. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-50164
|
U.S. v. Morrison
Defendant cannot challenge strike status of prior robbery conviction because of guilty plea including firearm use. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
95-10459 and 96-10053
|
U.S. v. Velez
Document trafficking and false statement guideline applies to million-dollar conspiracy involving false immigration documents |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-50179
|
U.S. v. Duarte-Higareda
Colloquy must be conducted with non-English speaking defendant to ensure voluntary jury waiver. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B101203
|
People v. Cloyd
No error in excluding evidence of victim's pending misdemeanor cases which were irrelevant to credibility. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
C020800
|
People v. Contreras
Carjacking is lesser included offense within crime of kidnapping to facilitate carjacking. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
C023565
|
People v. Crooks
Sentence of 25 years to life under first strike law is not cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
D025862
|
People v. White
Amended statute allowing deduction of restitution from prison wages doesn't violate ex post facto laws. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B109267
|
Soil v. Superior Court (People)
Second suppression motion must be heard by judge who heard first motion, if judge is available. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
S053938
|
Wright v. Superior Court (People)
Sex offenders failure to notify police of change of address is not a continuing offense. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-7151
|
Lewis v. U.S.
Where state's first-degree murder statute isn't statutorily made federal law, federal second-degree statute controls. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
D028362
|
Kelly v. First Astri Corp.
Action to recover gambling losses on Indian reservation is barred due to public policy against judicial resolution of lawful or unlawful gambling transactions. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B114721
|
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
D030209
|
People v. Vorise
Shooting incapacitated victim twice in chest at close range sufficiently supports first degree murder charge, with special circumstance. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B119652
|
People v. Gomez
Evidence of battered women's syndrome isn't relevant unless sufficient factual evidence exists showing that victim is battered woman. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
F029825
|
People v. Robinson
A special instruction given to jury during sanity phase of defendant's trial, although inappropriate, doesn't warrant reversal. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
C028319
|
People v. Patterson
Court's failure to instruct jury on defendant's 'intent' to facilitate drug sale isn't prejudicial error since statute doesn't require intent for conviction. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
F028293
|
People v. Henley
When alleging prior felony as "serious" for purposes of the three strikes law, the prosecution has the burden of proving that the party injured was not an accomplice. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B117926
|
People v. Baker
Felony-murder rule doesn't apply to conspiracy to commit assault with a deadly weapon. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B114721
|
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
F025927
|
People v. Fowler
Prior juvenile adjudication can be used as a strike when it occurred without a jury trial or waiver of a jury trial. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
E021856 and E021904
|
People v. Adame
Introduction of testimony of accomplice who received favorable sentencing treatment isn't error. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
S069783
|
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
D027985
|
People v. Mobley
Court has no duty to instruct jury on when a person is 'developmentally disabled' as it relates to a victim's sexual acts performed on a defendant. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
F030085
|
People v. Kelly
Technical error in calculating sentence doesn't result in reduction of prison term when aggravating factors support the sentence imposed. |
Criminal Law and Procedure |
|
Jun. 28, 1999 |