| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-10324
|
U.S. v. Nieblas
Voluntary appearance at probation interview is not custodial interrogation triggering 'Miranda' rights. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-50160
|
U.S. v. Webb
Testimony regarding reasons criminals conceal weapons in cars' engine compartments is admissible as modus operandi evidence. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-56586
|
Parretti v. U.S.
Government must establish international extraditee is flight risk to justify no-bail detention pending extradition hearing. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
S031326
|
People v. Vera
Appellate court errs in considering defendant's jury trial issue but correctly upholds court trial. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
A072755
|
People v. Cole
Relitigation of whether defendant's prior convictions were brought separately isn't prohibited by double jeopardy prohibition. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B098331
|
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B092785
|
People v. Farr
Defendants do not have to personallycommit sex crimes to be subject toconsecutive sentencing. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
H014769
|
People v. Weems
Mandatory seat belt law violation constitutes 'concurrent unlawful act' under statute for driving under influence. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B092785
|
People v. Farr
Defendants do not have to personally commit sex crimes to be subject to consecutive sentencing. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
A071221
|
People v. Mesce
Ex post facto law doesn't prevent conviction for firearm possession after prior misdemeanor assault conviction. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
F024059
|
People v. Barriga
Court can reject agreement which violates felony plea statute even after plea has been accepted. |
Criminal Law and Procedure |
|
Jun. 25, 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 |
|
Jun. 25, 1999 | |
|
G018969
|
People v. Madrigal
Double-the-base-term limitation is inapplicable to school-zone enhancement for drug sentence. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
S055920
|
People v. Fuhrman
Prior qualifying convictions don't have to be tried separately to be counted as separate strikes. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
95-10113
|
U.S. v. Hyde
Defendant cannot withdraw guilty plea after acceptance by district court. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
95-10386, 95-10478, 95-10535, 95-01491 and 95-10498
|
U.S. v. Ramos-Oseguera
No joint participant exception to spousal testimonial privilege can compel an unwilling witness to testify against husband. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
96-30070, 96-30072, 96-30073, 96-30130, 96-30074 and 96-30075
|
U.S. v. Ely
Director allegedly causing bank to pay excessive dividends supports charge of defrauding bank. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
95-10524
|
U.S. v. Delacorte
For carjacking conviction, defendant doesn't have to force victim to leave vehicle. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
F025016
|
People v. Cortez
No requirement to advise defendant before plea of limited prison credits due to three strikes law. |
Criminal Law and Procedure |
|
Jun. 25, 1999 | |
|
C029005
|
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
F031234 and F031970
|
Malone v. Superior Court (People)
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
S063512
|
People v. Williams
Defendant's motion to suppress must contain sufficient information for state to know what evidence it needs to present in response. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
H018197
|
People v. Martinez
Defendant's extensive criminal history, justifies life imprisonment sentence, and isn't considered cruel and unusual punishment under state law. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
G021872
|
People v. Lopez
Gang member who refuses to testify in presence of jury, and who claims improper privilege, may be held in contempt of court. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
B102454
|
People v. Keelen
Court has discretion to determine length of term to be tripled under three strikes law. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
D024066 and D025576
|
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.' |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
A073565
|
People v. Rodriguez
Defendant excluded from California Rehabilitation Center for medical reasons is entitled to worktime credits. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
E016804
|
People v. Pastrano
Absent speculation, defendant offers no evidence of actual interest conflict between four 'associated' defense attorneys. |
Criminal Law and Procedure |
|
Jun. 24, 1999 | |
|
96-10041
|
U.S. v. Hernandez
Defendant's corroborated admission of foreign birth is admissible to show alienage for illegal re-entry prosecution. |
Criminal Law and Procedure |
|
Jun. 24, 1999 |
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