Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-35566
|
U.S. v. Benboe
Collateral attack on conviction based on development in case law is permitted notwithstanding appeal waiver. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A078653
|
People v. Craig
Court may increase sentence for base offense following appeal, if total sentence does not exceed original. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B113027
|
Oliver v. County of Los Angeles
New card game based on blackjack is prohibited though not specifically mentioned in Penal Code. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E021039
|
People v. Rodola
Grand theft involving firearm includes grand theft of a firearm. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
C024963
|
People v. Tabios
Claim of imperfect self-defense is irrelevant to charge of second degree felony murder. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B116694
|
People v. Hall
Court doesn't have to impose consecutive sentences if it's unclear whether crimes arose on same occasion. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S072752
|
People v. Fields
Defendant's jury waiver invalid where record indicates mistaken belief that jury verdict wouldn't be appealable. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E020775
|
People v. Monarrez
Possession of different controlled substances simultaneously supports separate punishment for each. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S072560
|
People v. Newman
Defendant must be advised of rights before stipulating to prior conviction that elevates misdemeanor to felony. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-71334
|
Wilson v. The United District Court
Execution stayed after petition for writ of mandamus denied. |
Criminal Law and Procedure |
|
Mar. 10, 1999 | |
97-16987
|
Lopez v. Smith
Trial Court isn't required to give forma pauperis prisoner opportunity to amend complaint. |
Criminal Law and Procedure |
|
Mar. 10, 1999 | |
97-50617
|
U.S. v. Partlow
Sentencing court must deduct points for specific offense before applying mandatory increase for 'risk of injury.' |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-50145
|
U.S. v. Vasquez
Court may impose supervised release after revoking defendant's probation. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
D028210
|
People v. Mays
Compliance with knock-notice at outer door to residence, satisfies notice requirement for all inside doors. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
B118491
|
People v. Herrera
Repeal of Penal Code section doesn't revest courts with discretion to strike punishment for firearm enhancement. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
97-16763
|
U.S. v. Alvarez-Tautimez
Counsel was ineffective for not withdrawing unaccepted guilty plea when suppression motion likely to succeed. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
97-35615
|
Clearwater-Thompson v. Grassmueck
Criminal contempt charge against debtor can't be prosecuted by bankruptcy creditor's attorney |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-1117
|
U.S. v. Panyard
Order |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-1048
|
U.S. v. Fabiano
Jury instruction on knowing receipt of child pornography sufficiently instructed on defendant's knowledge. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
97-2348
|
U.S. v. Solano-Rodriguez
Order |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
B116907
|
People v. Turner
Use of electronic reporting rather than certified doesn't violate defendant's due process. |
Criminal Law and Procedure |
|
Mar. 5, 1999 | |
97-1442
|
U.S. v. Burch
United States lacks jurisdiction to prosecute offenses committed by or against Indians within Ignacio, Colorado. |
Criminal Law and Procedure |
|
Mar. 5, 1999 | |
98-6265
|
U.S. v. Soria
Order |
Criminal Law and Procedure |
|
Mar. 5, 1999 | |
98-6256
|
Cleaton v. Hargett
Order |
Criminal Law and Procedure |
|
Mar. 5, 1999 | |
B118491
|
People v. Herrera
Repeal of Penal Code section doesn't revest courts with discretion to strike punishment for firearm enhancement. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
B114450
|
People v. Frontier Pacific Insurance Co.
Declaration of Mexican notary public or attorney doesn't count as positive identification by law enforcement officer. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
H017420
|
People v. Vera
Opening a place for purpose of unlawful drug sale, distribution or use is a crime of moral turpitude. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
97-5236
|
U.S. v. Alumbaugh
Order |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
B115222
|
People v. Ruiz
If conviction for aggravated assault qualifies as a serious or violent felony, it can be used for sentence enhancement. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
B117298
|
People v. Oskins
To avoid criminalizing innocent conduct, violation of illegal weapon possession statute requires culpable mens rea. |
Criminal Law and Procedure |
|
Mar. 4, 1999 |