| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-30204
|
U.S. v. Rudberg
Prosecutor uses impermissible vouching by repeated references to cooperating witnesses' truthfulness agreement for reduced sentences. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-50299
|
U.S. v. King
Mailing threatening communication conviction requires proof of specific intent to threaten. |
Criminal Law and Procedure |
|
Jun. 20, 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. 20, 1999 | |
|
97-80296
|
Woratzeck v. Stewart
Former defense counsel's involvement as prosecutor in death-penalty clemency hearing isn't constitutional conflict of interest. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
98-0468
|
State v. Omeara
Inference of criminal activity provides reasonable suspicion for 45 minute investigative detention. |
Criminal Law and Procedure |
|
Jun. 18, 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 |
|
Jun. 18, 1999 | |
|
95-50361
|
U.S. v. Mathews
Upward departure in sentencing resulting in greater sentence than conviction of additional crimes distorts guidelines. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-10473, 96-10474 and 96-10477
|
U.S. v. Juvenile Male
RICO charges can be supported by showing defendant's act had de minimis effect on interstate commerce. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
A073175
|
People v. Palacios
Credit reduction statute applies where offensive conduct pre-dates statute's effective date but continues after enactment. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-30115 and 96-30187
|
U.S. v. Collins
Ex post facto clause is violated by sentencing of defendants under new statute allowing increased punishment. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B106237
|
People v. Bishop
Court does not abuse discretion by dismissing two prior strikes of a non-violent offender. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B104513
|
People v. Garcia
Circumstances justify ordering defendant to wear 'react belt' capable of delivering electric shock during trial. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B104077
|
People v. Phillips
Failure to provide defendant with names of prospective jurors isn't prejudicial error requiring overturning conviction. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
D021800
|
People v. Kasim
Prosecutor's failure to disclose exculpatory evidence bearing on key witnesses' credibility warrants new trial. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-10397
|
U.S. v. Woodruff
Government need only show de minimis effect on interstate commerce to satisfy Hobbs Act's jurisdictional element. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-50137
|
U.S. v. Mendoza
Downward departure is allowed if defendant lacked control over, or knowledge of, purity of drug delivered. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-50570
|
U.S. v. Makowski
Federal statute barring racially motivated assaults is not void for vagueness. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-10295
|
U.S. v. Gravenmeir
Legal gun ownership as exception to machine gun ban is affirmative defense, not element of crime. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-30249
|
U.S. v. Sandoval-Lopez
Defendant's challenge to plea agreement after law change makes conduct non-criminal, isn't breach of agreement. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-70039
|
Calderon v. USDC
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
98-55251
|
Houston v. Roe
Jury instruction which blurs state law distinction between degrees of murder by increasing burden on government isn't reversible error. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
F026659
|
Elodio O., a minor
Criminal gang activity enhancement requires proof of crimes other than current offenses. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-16468
|
U.S. v. Handa
Double jeopardy isn't implicated by imposing sentence enhancement after gun possession conviction is vacated. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
D024992
|
People v. Castaneda
If conviction could be based on one of several different acts, court must give unanimity instruction. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
A072162
|
People v. Malabag
Defendant's failure to seek complete record waives right to settled statement in lieu of transcript. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
F023116
|
People v. Daniels
Expungement of prior serious or violent felony does not preclude treatment of offense as strike. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
96-16468
|
U.S. v. Handa
Double jeopardy isn't implicated by imposing sentence enhancement after gun possession conviction is vacated. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
B102838
|
People v. Mines
Defendant subject to enhanced sentencing cannot collaterally attack prior convictions as unconstitutional. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
C022939
|
People v. Best
Transcript from prior conviction's preliminary hearing cannot be used to prove conviction is serious felony. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
|
S062345
|
People v. Mines
Defendant's subject to enhanced sentencing cannot colaterally attack prior conviction as unconstitutional. |
Criminal Law and Procedure |
|
Jun. 17, 1999 |
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