| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-10360
|
Kleeman v. U.S. Parole Commission
Simple homicide committed in Mexico warrants classification as voluntary manslaughter when transferring prison term. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-16268
|
Rodriguez v. Marshall
Juror's experiment on driving time to murder scene is harmless error if departure time is crucial issue. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-50243
|
U.S. v. Figueroa-Lopez
Government must qualify law enforcement officer as expert to offer drug dealer profile opinion testimony. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
97-50408
|
U.S. v. Doe
Information charging criminal contempt after witness refuses to testify despite immunity isn't due process violation. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-99014
|
Fields v. Calderon
California's habeas relief bar for errors not directly appealed doesn't preclude federal review of defaulted claims. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-30149 and 96-30183
|
U.S. v. Lloyd
Continuity interest doesn't warrant continuance under Speedy Trial Act after defendant requests newly-appointed attorney's removal. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
E018467
|
People v. Ansaldo
Defendant's conduct clearly shows intent to commit lewd and lascivious acts sufficient to constitute attempt. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
95-50378
|
U.S. v. Qualls
State law controls right of former felon to possess firearms. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
S061917
|
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. 11, 1999 | |
|
H015807
|
People v. Yarbrough
Right to jury trial on enhancement allegation isn't violated if issue isn't raised before jury discharged. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
G019145
|
People v. Ortiz
Evidence is sufficient to support sentencing enhancement for crimes committed for benefit of street gang. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-16320
|
Franklin v. Henry
Child's claim of mother's molestation is admissible in trial against accused man to show sexual fantasies. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-30169
|
U.S. v. Conway
Warrantless probation search under Washington state law satisfies Fourth Amendment reasonableness standard. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-50131
|
U.S. v. Leasure
'Miranda' warning is not required for pre-primary inspection questioning at border crossing. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-50605
|
U.S. v. Garcia-Camacho
Resisting arrest causing border patrol agent's broken ankle allows sentence enhancement for serious bodily injury. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
C024461
|
People v. Klockman
Court lacks jurisdiction to impose sentence for charge pending in court of another county. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-56000
|
In re Grand Jury investigation Concerning Solid State Devices Inc. and Unisem International
Government contractor doing legitimate activity gets back property taken under warrant for seizure of all records. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-99000
|
McDowell v. Calderon
In capital murder case, court must clear up jury's confusion over mitigating evidence with explicit direction. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
H014577
|
People v. Venegas
Prior finding of defendant's fitness to be dealt with under juvenile court law may be inferred. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
S060507
|
People v. Houck
Preliminary hearing transcript isn't part of 'record of conviction' and therefore isn't admissible to prove strike. |
Criminal Law and Procedure |
|
Jun. 11, 1999 | |
|
96-30199
|
U.S. v. Stockdale
Sentence reduction based on downgrade of marijuana weight equivalencies doesn't include benefit of 'safety valve' statute. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
S064118
|
People v. Lopez
Child annoyance is not necessarily lesser included offense of committing lewd act on child. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
S064007
|
People v. Bierman
Defendant gets resentencing if pre-'Romero' record is silent on court's discretion to strike prior conviction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
S054812
|
People v. Aguilar
Conviction cannot stand since assault with deadly weapon cannot be committed with hands or feet. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
96-10344
|
U.S. v. Etsitty
In federal prosecution for kidnapping by seizure and assault, merger doctrine doesn't bar separate convictions. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
A074455
|
People v. McCray
Conviction for stalking based on harassing conduct occurring on same day is warranted. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
C021506
|
People v. Carter
10-year limit on subordinate terms applies only to nonviolent robberies with use of deadly weapon. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
A071827
|
People v. Crawford
Failure to instruct on presumption of innocence and prosecution's burden of proof is fatal to conviction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
A072648
|
People v. Sohrab
Court must advise of right to counsel at municipal court arraignment and subsequent superior court arraignment. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
94-50584
|
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction. |
Criminal Law and Procedure |
|
Jun. 10, 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