| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F029755 and F029901
|
People v. Moreno
Defendant may be convicted of receiving same property he took during a burglary. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
A083095
|
People v. Lewis
Police officer does not have to obtain an arrest warrant before entering a parolee's house and taking the him into custody. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B127093
|
People v. Lopez
A defendant cannot relitigate issues of a previous conviction during his mentally disordered offender's appeal. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B127289
|
People v. Webb
Where evidence shows defendant didn't honestly believe opinions expressed regarding his pain, such material misrepresentations may constitute fraud. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
A083799
|
People v. Nubla
Court can reduce sentence after defendant committed to rehabilitation is found unfit and returned, provided sentence has not yet been executed. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
A082778
|
People v. Knox
Failure to expressly plead multiple victim circumstance and include it on jury verdict form constitutes harmless error. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
C028606
|
People v. Arias
Defendant is entitled to be sentenced under work time credits that existed before Penal Code statute was amended. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
D031860
|
People v. Chambless
Any contact with offender's or young victim's genitals is masturbation, and is substantial sexual conduct, for purposes of Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
A083416
|
People v. Poe
Inmate isn't entitled to custody credits for period between release date and commitment as sexually violent predator under Sexually Violent Predator Act. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B121438
|
People v. Epps
Defendant has right to jury trial regarding prior convictions and isn't required to show trial court's initial denial of right was prejudicial. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
E020701
|
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
E020701
|
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B117926
|
People v. Baker
Felony-murder rule doesn't elevate resulting death to first-degree murder where intended felony was assault with deadly weapon. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
B127865
|
People v. Gaston
Sentencing court abuses its discretion when striking prior felony conviction without first considering the 'spirit' of the three strikes law. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
D029871
|
People v. Aparicio
Waiver of right to appeal prior case is enforceable when part of a plea agreement in a subsequent case. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
B122817
|
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
F028124
|
People v. Callahan
Defendant isn't precluded from introducing specific instances of good behavior, when state introduces evidence of defendant's prior bad acts. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
S044043
|
People v. Soto
Unmodified rule of DNA forensic analysis is generally accepted in the scientific community and admissible in a criminal prosecution. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
S068741
|
People v. Woods
Warrantless search of felon's house, conducted as pretext to discover evidence against felon's roommates, is constitutional. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
S043131
|
In re Sanders
Abandonment by counsel may excuse substantial delay in filing habeas corpus petition in capital murder case. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
B122817
|
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. |
Criminal Law and Procedure |
|
Sep. 23, 1999 | |
|
F029647
|
People v. Hustead
Defendant's allegations that officer's report contained material falsehoods is good cause entitling defendant to discovery of officer's personnel records. |
Criminal Law and Procedure |
|
Sep. 22, 1999 | |
|
A085812
|
Saba v. Stroup
A judgment creditor may not attach to an arrestee's property seized in connection with a criminal matter. |
Criminal Law and Procedure |
|
Sep. 19, 1999 | |
|
S080676
|
People v. Diller
Prior juvenile adjudication thats violent offense under penal code, but not listed in welfare and Institutions Code, doesnt qualify as strike. |
Criminal Law and Procedure |
|
Sep. 19, 1999 | |
|
99-0146
|
State ex rel. Romley v. Hutt (Treen)
Person who is victim of theft isn't required under Victims' Bill of Rights to give pretrial interview to defendant. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
98-0570
|
Zuther v. State
Amendment to 'Gate-Money' statute does not apply retroactively. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
98-0085 and 98-0738
|
State v. Quintana
Where trespass charge is properly designated as a misdemeanor, no right to jury trial exists. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
96-0873
|
State v. Rosario
Notice, by prisoner representing himself, of petition for postconviction relief is deemed filed when given to department of corrections for mailing. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
98-50297
|
U.S. v. Machado
At trial for two misdemeanor counts, each side receives only three peremptory challenges, despite possibility of sentence greater than one year. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
|
97-10551 and 97-10552
|
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search. |
Criminal Law and Procedure |
|
Sep. 14, 1999 |
