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Name Category Published
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
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
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
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
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search.
Criminal Law and Procedure Sep. 9, 1999
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights.
Criminal Law and Procedure Sep. 9, 1999
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
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
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
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
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
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant.
Criminal Law and Procedure Sep. 6, 1999
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
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time.
Criminal Law and Procedure Sep. 6, 1999
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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