Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-0087 and 99-0088
|
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 | |
98-10359 and 98-10360
|
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 | |
97-50148 and 97-50149
|
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 | |
98-50450
|
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 | |
97-56162
|
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 | |
97-56197
|
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 | |
B126847
|
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 | |
97-55004
|
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 | |
98-10009
|
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 | |
98-10162
|
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 | |
98-50343
|
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 | |
97-50629
|
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 | |
97-16254
|
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 | |
97-10098
|
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 | |
98-10269
|
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 | |
C028605
|
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 | |
B124318
|
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 | |
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 |