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People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings.
Criminal Law and Procedure May 22, 1999
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement.
Criminal Law and Procedure May 22, 1999
People v. Melhado
Failure to instruct jury on unanimity is reversible error.
Criminal Law and Procedure May 22, 1999
Calderon v. U.S. District Court (Taylor)
Court can allow habeas petitioner to delete unexhausted claims and hold petition pending state court litigation.
Criminal Law and Procedure May 22, 1999
Bonillas v. Hill
Double jeopardy isn't violated by resubmitting issue of degree of murder to undischarged jury.
Criminal Law and Procedure May 22, 1999
People v. O'Roark
Conviction sustained before offense was listed as serious may be strike if listed on June 30, 1993.
Criminal Law and Procedure May 22, 1999
Calderon v. District Court (Ralph International Thomas)
District court may hold habeas corpus petition in abeyance while unexhausted claims are litigated in state court.
Criminal Law and Procedure May 22, 1999
U.S. v. Montoya-Longoria
Order
Criminal Law and Procedure May 21, 1999
U.S. v. Bolton
Order
Criminal Law and Procedure May 21, 1999
People v. Smith
Court has authority to reduce a previously imposed, but suspended, sentence after revoking defendant's probation.
Criminal Law and Procedure May 21, 1999
People v. Lee
No sentencing hearing is required when case is remanded for determination of whether to strike prior.
Criminal Law and Procedure May 21, 1999
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty of reckless driving caused by fear.
Criminal Law and Procedure May 21, 1999
People v. Jones
Court upholds death sentence but modifies life sentence on kidnapping for purpose of robbery charge.
Criminal Law and Procedure May 21, 1999
U.S. v. Franco
Jury can receive unread translated transcripts of audiotapes of foreign-language conversations if defendant doesn't object.
Criminal Law and Procedure May 21, 1999
People v. Bechler
Firefighters acting as paramedics are not 'firefighters' for purposes of statute defining assault on a firefighter.
Criminal Law and Procedure May 21, 1999
Dant v. Superior Court (People)
Trial court has discretion to consider misdemeanor defendant's request for release on his own recognizance.
Criminal Law and Procedure May 21, 1999
In re Rhodes
Corrections Department doesn't abuse discretion by exercising authority to assign prisoners to prison away from home.
Criminal Law and Procedure May 21, 1999
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause.
Criminal Law and Procedure May 21, 1999
People v. Teal
Crime is committed if threat is received whether or not threatener knows victim heard it.
Criminal Law and Procedure May 21, 1999
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction.
Criminal Law and Procedure May 21, 1999
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable.
Criminal Law and Procedure May 21, 1999
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea.
Criminal Law and Procedure May 21, 1999
People v. Bell
Court has discretion to impose concurrent sentences for current felonies committed simultaneously.
Criminal Law and Procedure May 21, 1999
People v. Stubbs
Defendant must obtain certificate of probable cause from trial court to challenge propriety of guilty plea.
Criminal Law and Procedure May 21, 1999
People v. Satz
No legitimate expectation of privacy in hotel room which is rented using stolen credit card.
Criminal Law and Procedure May 21, 1999
People v. Myers
Reasonable force can be used to resist battery even if person not about to suffer injury.
Criminal Law and Procedure May 21, 1999
In re Barfoot
Defendant entitled to resentencing hearing so that trial court may determine whether to strike prior.
Criminal Law and Procedure May 21, 1999
U.S. v. Garcia
Preponderance of evidence standard applies to subornation of witness perjury finding supporting obstruction of justice enhancement.
Criminal Law and Procedure May 21, 1999
U.S. v. Sylve
Assimilative Crimes Act applies to state rehabilitation program of deferred prosecution resembling preconviction probation.
Criminal Law and Procedure May 21, 1999
Lewis v. Superior Court (People)
Superior court clerk isn't empowered to decide whether or not an order is appealable.
Criminal Law and Procedure May 21, 1999