| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F027554
|
People v. Pate
Parolee at large has no reasonable expectation of privacy in motor vehicle. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
D027274
|
People v. Smith
Extortion is not an inherently dangerous crime under the felony-murder rule. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-6270
|
Caron v. United States
Federal laws barring felons from possessing guns apply unless state law restores all possession rights. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S067672
|
People v. Sargent
'Shaken baby syndrome,' by itself, is insufficient for criminal negligence element of felony child abuse. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
95-99020
|
McLain v. Calderon
Jury instruction omitting limitation on governor's power to commute life sentence requires reversal of death sentence. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B100904
|
People v. Dawson
Felony murder jury instruction is sufficient when prosecutor relies on 'natural and probable consequences' doctrine. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
98-1101
|
Hon. James P. Fox, District Attorney
Charitable organization can't sell raffle tickets for a fee in violation of auti-lottery statute, even if participants get one ticket free. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S054268
|
People v. O'Roark
Defendant's recidivism justifies imposition of sentence under three strikes law. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S065829
|
People v. Fashina
On-bail enhancement is justified if admitting the allegations is part of plea agreement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S065957
|
People v. Johnson
Defendant is entitled to instruction on lesser included offense of possession of altered driver's license. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S068878
|
People v. Rose
Imposition of two 25-years-to-life terms for rape of one victim is proper. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
H016554
|
Covarrubias v. Superior Court (People)
Court has discretion on whether to require individual sequestered voir dire in capital murder case. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S007386
|
People v. Hill
Pervasive misconduct by prosecutor and multiple prejudicial errors require reversal of conviction and death sentence. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
B111973
|
People v. DeSimone
Two 'multiple victim' circumstance findings may be made in single case under 'one strike' law. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
D029758
|
In re Betts
Code of Civil Procedure and Penal Code don't conflict when enforcing restitution from inmate's trust. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
F027264
|
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
96-99022
|
Vickers v. Stewart
Refusal to test for brain disorder doesn't deny due process where test can't resolve ultimate issue. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
95-99010 and 95-99011
|
Lagrand v. Stewart
Determination of prejudice by defendant's counsel's alleged deficiencies isn't necessary if counsel's performance not deficient. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
97-873
|
U.S. v. Balsys
Privilege against self-incrimination doesn't apply if only risk of prosecution is in a foreign country. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
97-643
|
U.S. v. Cabrales
Money laundering prosecution can't proceed in Missouri because acts constituting crime took place in Florida. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
96-8400
|
Buchanan v. Angelone
Absence of jury instructions on concept of mitigation doesn't violate Eight and Fourteenth Amendments. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-30237, 96-30238, 96-30239 and 96-30240
|
U.S. v. Lin
Specific intent is required in the federal crimes of hostage-taking and making ransom demands. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
97-10202
|
U.S. v. Graves
Accessory after the fact to felon in possession of firearm must know of primary offender's felony. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
93-50281
|
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
G018071
|
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulable facts. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
B110310
|
People v. Buena Vista Mines Inc.
Felony complaint for violation of Porter-Cologne Water Quality Control Act is reinstated after improper dismissal. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-30304
|
U.S. v. Barragan-Devis
Failure to inform defense counsel of juror's question during deliberations is harmless error. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-36130
|
Selam v. Warm Springs Tribal Correctional Facility
Witnesses failure to appear isn't violation of compulsory process where defendant failed to subpoena them. |
Criminal Law and Procedure |
|
May 24, 1999 |
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