Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B099330
|
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
97-70277
|
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
S059604
|
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
S059651
|
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.' |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
95-50607
|
U.S. v. Garcia
Maximum supervised release periods in Anti-Drug Abuse Act override shorter terms of general sentencing statute. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-30095
|
U.S. v. Stoddard
For double jeopardy, unitary enterprise's enlarged scope and changed participant roles don't create multiple conspiracies. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10195
|
U.S. v. Garcia-Olmedo
Successive marijuana-possessions are aggravated felonies under Immigration and Nationality Act's criminal provisions. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10082
|
U.S. v. Tsinhnahijinnie
Proof is insufficient to prove defendant committed crime charged on any date included within indictment. |
Criminal Law and Procedure |
|
Jul. 11, 1999 | |
96-10200
|
U.S. v. Chee
No third acceptance of responsibility point for defendant pleading guilty just before trial after victim recants. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
96-35095
|
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
96-99000
|
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
97-70707
|
McDaniel v. U.S. District Court for the District of Nevada (Jones)
In capital defendant's federal habeas action, state's failure to immediately object undercuts relief from discovery order. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
B098331
|
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
94-50648
|
U.S. v. Kohli
Fraudulently derived funds transferred between conspirators can be used to enhance only one defendant's sentence. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
95-99001
|
Langford v. Day
Defendant's claim of ineffective assistance of counsel doesn't warrant reversal of guilty plea or death sentence. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
C022530
|
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error. |
Criminal Law and Procedure |
|
Jul. 10, 1999 | |
A075660
|
People v. Barriga
Defendant's sentence for sex offense can be amended two years later to include omitted AIDS test. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
C022930
|
People v. Preller
Jury instruction correctly states elements of crime of child abuse resulting in death. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
96-70039
|
Calderon v. U.S. District Court (Hill)
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
95-50369
|
U.S. v. Bancalari
Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
S059576
|
People v. Rusco
Simple possession charge is lesser included offense to possession of some marijuana for sale. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
B101822
|
People v. Adames
Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
F025107
|
People v. Gallegos
Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
E018537
|
People v. Ritter
Removal and search of fanny pack belonging to man detained but not arrested is permissible. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
S055184
|
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
93-99015
|
Villafuerte v. Stewart
Trial court doesn't err by not giving lesser included instruction in felony murder trial. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
95-10033
|
U.S. v. Miguel
Sequestered defendant must have contemporaneous electronic communication with counsel during taped deposition of child abuse victim. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
96-10190
|
U.S. v. Padilla
Non-driver's status as coconspirator with car's owner does not confer standing to challenge police search. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
94-50292 and 95-50215
|
U.S. v. Amlani
Disparagement of defense counsel by government resulting in obtaining new lawyer is Sixth Amendment violation. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
94-10040
|
U.S. v. Putra
Court can consider acquitted conduct at sentencing if it finds conduct true by preponderance of evidence. |
Criminal Law and Procedure |
|
Jul. 8, 1999 |