| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E022901
|
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
A083931
|
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
S067155
|
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
B127801
|
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
98-184
|
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search. |
Criminal Law and Procedure |
|
Sep. 9, 1999 | |
|
98-184
|
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights. |
Criminal Law and Procedure |
|
Sep. 9, 1999 | |
|
97-50174
|
U.S. v. Mikaelian
State's failure to request downward departure from Sentencing Guidelines doesn't relieve trial court's duty to cooperation. |
Criminal Law and Procedure |
|
Sep. 7, 1999 | |
|
98-0560
|
State v. Tamplin
The trial court was proper in its jury instruction regarding the defendant's knowledge of the wrongfulness of his conduct. |
Criminal Law and Procedure |
|
Sep. 7, 1999 | |
|
B110243
|
People v. Douglas
Order suspending defendant's sentence, granting probation, and declaring charged offenses to be misdemeanors isn't appealable. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
D027853
|
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E021252 and E021607
|
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
B121168
|
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S069783
|
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
s069793
|
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S072560
|
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S071999
|
People v. Ray
Police officers may enter unoccupied residence without warrant based on reasonable suspicion of exigent circumstances. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S070960
|
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
98-10175
|
U.S. v. Saenz
Defendant claiming self-defense in assault case can show his own state of mind by testifying to personal knowledge of victim's past violent acts. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50171
|
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50251
|
U.S. v. Estrada-Torres
Previously deported resident alien isn't entitled to discretionary relief if improper interpretation of discretionary relief statute isn't effective at time of deportation order. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
96-50609
|
U.S. v. Garrett
Defendant who had been granted change of attorneys and then allowed to proceed pro se isn't prejudiced by refusal of eve-of-trial continuance. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
97-50100, 97-50111, 97-50113 and 97-50171
|
U.S. v. Frega
Attorney and judges are properly tried in federal court of Racketeer Influenced and Corrupt Organizations Act offenses involving bribery of state officials. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
97-50555
|
U.S. v. Sorensen
Mortgage broker can't be convicted of making false statements with regard to unsigned loan application. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50369
|
U.S. v. Buckner
Border patrol agents have probable cause to arrest passenger in car after discovery of hidden drugs in car entering United States. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
98-50345
|
U.S. v. Beltran-Garcia
Jury instruction on permissive inference of knowledge isn't error where drug's commercial quantity isn't denied by defendant and 'blind mule' defense is asserted. |
Criminal Law and Procedure |
|
Sep. 3, 1999 | |
|
E021188 and E022053
|
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B120730
|
People v. Hampton
In joint trial, admission of one defendant's confession doesn't violate co-defendant's right to confront if all references to co-defendant are redacted. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B118285
|
People v. Macauley
Conviction for arson of property qualifies defendant for involuntary commitment as a mentally disordered offender. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
A079134 and A083670
|
People v. Tillman
Rape conviction may be both element of crime of failure to register as sex offender and strike under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 |
