| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-15772
|
Pollard v. White
Missing malice instruction doesn't undermine second-degree murder after mistaken identity defense and intentional shooting finding. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-35793
|
U.S. v. Check No. 25128 In The Amount Of $58,64.11
Federal government gets forfeiture of city check representing money given to DEA from unlawful drug seizure. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-30393
|
U.S. v. Calozza
Enhancement to determine base of grouped offenses and enhance other grouped offenses is impermissible double counting. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
G015833
|
People v. Peoples
Attorney cannot represent her brother accused of assaulting father of her children who were witnesses. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
95-30230 and 95-30236
|
U.S. v. Lopez
Under Sentencing Guidelines, conspiracy and money-laundering convictions of drug trafficker should be grouped. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S056513
|
People v. Montero
Vehicle asportation after victim dispossession isn't required element of carjacking. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
E018206
|
People v. Johns
Molested child can testify with mother sitting next to him without violating defendant's confrontation right. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
D025447
|
People v. McCleod
Sufficient evidence supports defendant's conviction for failure to register as sex offender after changing residence. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
A073267
|
People v. Early
Trial court's instruction erroneously removes element of crime from jury's consideration, but error is harmless. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S056981
|
People v. Scheid
Murder scene photograph is admissible as relevant to government case and probative value outweighs potential prejudice. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
E018912
|
People v. Dalvito
Restitution award is warranted even though victim's loss from stolen item was discharged in bankruptcy. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
S062209
|
People v. Lee
Instructing jury on incorrect theory to reduce killing from murder to manslaughter is harmful error. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
96-10247
|
U.S. v. Aguilar-Ayala
Mandatory sentence doesn't bar court's discretion to retroactively apply revised drug quantity table to reduce sentence. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
96-10008
|
U.S. v. Wofford
Felon-in-possession doesn't have justification defense if last threat was five months before charged conduct. |
Criminal Law and Procedure |
|
Jun. 22, 1999 | |
|
96-30098
|
U.S. v. Cazares
Plea to drug conspiracy with overt act gun possession doesn't establish weapon possession for sentencing. |
Criminal Law and Procedure |
|
Jun. 22, 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. 21, 1999 | |
|
S070894
|
People v. Maloy
Ex Post Facto Clause isn't violated by reviving expired limitations period when statute doesn't retroactively increase punishment for past time. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
94-35684
|
Walters v. McCormick
Videotaped testimony of child victim doesn't violate confrontation rights if willingness to lie demonstrated. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
95-50282
|
U.S. v. Ross
Absent showing of prejudice, there is no due process violation for 12-year indictment delay. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S009924
|
People v. Quartermain
Conviction and death sentence cannot stand due to breach of agreement not to use defendant's statement. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
D024695
|
People v. Gillard
Misrepresentations regarding prior injuries are material where accurate medical history could explain cause of knee condition. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S006640
|
People v. Hines
Court lacks authority to reduce death sentence simply because it disagrees with the jury's determination. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S006284
|
People v. Samayoa
Death sentence is warranted for defendant's murder of woman and child who lived across street. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
A074727
|
People v. Sherman
Proving cocaine base's capability of affecting central nervous system isn't required to convict for sale. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
94-390
|
U.S. v. Navarro
Appointment of Special Assistant U.S. Attorney exceeding 4 years creates jurisdictional defect, nullifying prosecution. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
B108794
|
Booth v. Superior Court (People)
Defendant, found not competent after preliminary hearing, is not entitled to new hearing once competent. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
A075434
|
People v. Pruett
Instruction doesn't require special definition for 'deadly weapon' where folding knife used to resist arrest. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
95-99002
|
Dyer v. Calderon
No presumed bias from similarities between murder of juror's family member and capital defendant's alleged crime. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
96-35447
|
Belgarde v. State of Montana
Naming state attorney general on habeas petition form meets requirements for naming attorney general as respondent. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S058027
|
People v. Mendoza
Requested intoxication instruction is admissible to show intent. |
Criminal Law and Procedure |
|
Jun. 21, 1999 |
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