Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D028915 and D030826
|
People v. Hale
For a torture conviction, intent to cause cruel or extreme pain may be demonstrated through circumstantial evidence. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
B119054
|
People v. Moore
Statute requiring kidnapping victim abducted during the commission of carjacking to be moved 'a substantial distance from the vicinity' isn't unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
C027725
|
People v. Rowland
Defendant is only subject to a single conviction, despite being in possession of more than one illegal weapon at the same time. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
F030661
|
People v. Van Winkle
Lower burden of proof as to previous sex offenses, to show predisposition, doesn't unconstitutionally lessen state's burden. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
H018080
|
People v. Felarca
Sex offender registration requirement for oral copulation with a minor, but not for statutory rape, is deprivation of equal protection. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
C025177
|
People v. Hunt
Court-martial conviction in Germany isn't a conviction 'in another state' for Sexually Violent Predators Act purposes. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
C031558
|
Alt v. Superior Court (People)
Personnel records of police officer not present during arrest or before booking are discoverable unless discovery relates to arrest or prebooking conduct. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
A085447
|
In re Bode
There is no 30-day deadline for providing life prisoners with transcripts of their parole hearings. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
F024218
|
People v. Rusco
Simple possession charge is lesser included offense to possession of same marijuana for sale. |
Criminal Law and Procedure |
|
Oct. 20, 1999 | |
95-56586
|
Parretti v. U.S.
Government must establish intentional extraditee is flight risk to justify no-bail detention pending extradition hearing. |
Criminal Law and Procedure |
|
Oct. 20, 1999 | |
99-0034, 99-0040, and 99-0057
|
Mack v. Cruikshank
Defendants charged with two counts of driving while under the influence warrants dismissal of one count after breathalyzer test is found defective. |
Criminal Law and Procedure |
|
Oct. 19, 1999 | |
S080629
|
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. |
Criminal Law and Procedure |
|
Oct. 18, 1999 | |
B117372
|
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. |
Criminal Law and Procedure |
|
Oct. 14, 1999 | |
B114174
|
People v. Rizo
When the crime charged can't be committed due to factual impossibility, then defendant can only be convicted of attempt. |
Criminal Law and Procedure |
|
Oct. 14, 1999 | |
A068978
|
People v. Mendoza
Failure of jury verdict to specify convictions are for first degree murder is harmless error. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
S078718
|
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
98-0004
|
State v. Saiers
Trial court isn't required to give instruction on the consequences of a guilty-except-insane verdict. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
98-922
|
Pogue v. Ratelle
Plea agreement regarding property found in defendant's car doesn't bar robbery charges for unrelated crimes. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
A075990
|
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
C025164
|
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
S068729
|
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. |
Criminal Law and Procedure |
|
Oct. 13, 1999 | |
D026713
|
People v. Hedge
Sexually Violent Predators Act satisfies federal substantive due process and is not unconstitutional. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
D025750
|
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 | |
A079196
|
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 | |
B110417
|
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 | |
B106003
|
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 | |
S069616
|
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 | |
G018045, G018046 and G018057
|
People v. Le
When challenged by defense, prosecution must prove statute of limitations had not tolled. |
Criminal Law and Procedure |
|
Oct. 12, 1999 | |
B112071 and B112073
|
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 | |
G022678
|
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 |