Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B086805
|
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 | |
B099525
|
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement. |
Criminal Law and Procedure |
|
May 22, 1999 | |
A076270
|
People v. Melhado
Failure to instruct jury on unanimity is reversible error. |
Criminal Law and Procedure |
|
May 22, 1999 | |
97-70567
|
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 | |
96-56774
|
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 | |
B093085
|
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 | |
97-70631
|
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 | |
98-1404
|
U.S. v. Montoya-Longoria
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
98-5142
|
U.S. v. Bolton
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
S059100
|
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 | |
B108328
|
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 | |
B103468
|
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 | |
S021683
|
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 | |
95-50615 and 96-50021
|
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 | |
A077515
|
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 | |
A079050
|
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 | |
C025094
|
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 | |
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
May 21, 1999 | |
B108177
|
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 | |
S060180
|
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 | |
D026836
|
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 | |
B116550
|
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 | |
D027299
|
People v. Bell
Court has discretion to impose concurrent sentences for current felonies committed simultaneously. |
Criminal Law and Procedure |
|
May 21, 1999 | |
H016362
|
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 | |
B110754
|
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 | |
F025758
|
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 | |
B113626
|
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 | |
96-10043
|
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 | |
96-30327
|
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 | |
B115040
|
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 |