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Name Category Published
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary.
Criminal Law and Procedure Oct. 13, 1999
People v. Hedge
Sexually Violent Predators Act satisfies federal substantive due process and is not unconstitutional.
Criminal Law and Procedure Oct. 12, 1999
People v. Martinez
Substantial evidence supports finding no prejudice to defendant by four-year delay before information filed.
Criminal Law and Procedure Oct. 12, 1999
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped.
Criminal Law and Procedure Oct. 12, 1999
People v. Lawrence
Court has discretion under Three Strikes law to sentence concurrently for crimes committed on same occasion.
Criminal Law and Procedure Oct. 12, 1999
People v. Kidd
Whether a prior conviction is a serious felony for 'three strikes' purposes is a question of law.
Criminal Law and Procedure Oct. 12, 1999
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped.
Criminal Law and Procedure Oct. 12, 1999
People v. Le
When challenged by defense, prosecution must prove statute of limitations had not tolled.
Criminal Law and Procedure Oct. 12, 1999
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant.
Criminal Law and Procedure Oct. 12, 1999
People v. Hoxter
Officers may rely on consent to enter the residence given by defendant's 16-year-old daughter.
Criminal Law and Procedure Oct. 11, 1999
People v. Diaz
Conviction for premeditated attempted murder is error since information charged defendant with lesser offense.
Criminal Law and Procedure Oct. 7, 1999
People v. Dozier
Tripling 'minimum' of indeterminate life sentence for offender's third strike isn't proper under 'Three strikes' law.
Criminal Law and Procedure Oct. 7, 1999
People v. Barra
Doubling provision of three strike law applies to determinate life sentence.
Criminal Law and Procedure Oct. 6, 1999
State v. Jones
Incarceration is not mandatory for second-time drug offenders already sentenced to intensive probation for the first offense.
Criminal Law and Procedure Oct. 6, 1999
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter.
Criminal Law and Procedure Oct. 3, 1999
U.S. v. Medina
Legality of search by state officers need not be assessed to determine admissibility of seized evidence in subsequent unconnected and unanticipated federal prosecution.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Casarez-Bravo
Prior conviction of transportation or sale of marijuana does not automatically qualify as a predicate drug conviction for sentence enhancement purposes.
Criminal Law and Procedure Sep. 30, 1999
Delgado v. Lewis
Defendant is entitled to habeas relief where counsel renders ineffective assistance by filing appellate brief that failed to satisfy federal law.
Criminal Law and Procedure Sep. 30, 1999
Schell v. Witek
Trial court's failure to adequately inquire into, and rule on, defendant's motion for substitute counsel violates Sixth Amendment.
Criminal Law and Procedure Sep. 30, 1999
People v. Butler
Stalking is a crime of 'force or violence,' making defendant subject to commitment as a mentally disordered offender.
Criminal Law and Procedure Sep. 30, 1999
Tolbert v. Page
Trial court's prima facie determination of whether jury selection was discriminatory is given a presumption of correctness by appellate court.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Mohrbacher
Downloading materials, showing minors engaged in sexually explicit conduct, from computer bulletin board doesn't violate federal statute prohibiting transportation of such materials.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Craig
Under Child Support and Recovery Act, a restitution order may include period when defendant and child reside in same state.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Castillo
Extrinsic evidence is admissible to impeach by contradiction a criminal defendant's testimony that is volunteered on direct examination.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Van Doren
Where defendant repeatedly acknowledges voluntariness of guilty plea, district court's failure to ask if plea is result of coercion is harmless error.
Criminal Law and Procedure Sep. 30, 1999
Fuller v. Roe
Applicability of Antiterrorism and Effective Death Penalty Act is determined by date petition for habeas relief is filed.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Martinez
Evidence of prior conviction for importing drugs is admissible when used to show knowledge of drug trade.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Palomba
Error in calculating sentence can't be challenged after the entire sentence has been completed.
Criminal Law and Procedure Sep. 30, 1999
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes.
Criminal Law and Procedure Sep. 30, 1999
People v. Sainz
Defendant convicted of great bodily injury under vehicle code, permits sentence enhancement under penal code meaning of great bodily injury.
Criminal Law and Procedure Sep. 30, 1999