| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-50322
|
U.S. v. Colbert
Bank-fraud defendant cannot impeach co-conspirator with misdemeanor conviction for soliciting prostitute. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
F023798, F023917 and F023973
|
People v. Madrana
Restitution and penalty covering disposal of hazardous controlled substances are imposed against defendants jointly and severally. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
D024992
|
People v. Castaneda
If conviction could be based on one of several different acts, court must give unanimity instruction. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
D025504
|
People v. Kearns
Basis for necessity defense is risk of harm, not actual harm, caused by the illegal conduct. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
B099308
|
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-10328
|
U.S. v. Nyemaster
Absent evidence of intoxication degree, car-camper's conviction for being under influence in national park fails. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-10345
|
U.S. v. Gaytan
Absent defendant's input, double jeopardy bars retrial after dismissal with prejudice for government's 'Brady' violation. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
S060909
|
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. 1, 1999 | |
|
S060473
|
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
S060927
|
Hubbard v. Ventura County Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-6867
|
O'Dell v. Netherland
New rule allowing jury instruction on parole ineligibility is inapplicable to disturb defendant's death sentence. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-7901
|
Trest v. Cain
Court of appeals isn't required, sua sponte, to raise procedural default issue in state habeas proceeding. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
96-1279
|
Rogers v. U.S.
Whether failure to instruct jury on offense element is harmless is dismissed as improvidently granted. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
A076514
|
In re Bittaker
Inmate declared vexatious litigant retains right to file habeas petition without first seeking court's permission. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
95-30018
|
U.S. v. Arteaga
For money-laundering, customer provided information on telegraph carrier's form is admissible against defendant-declarant. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
D025061
|
People v. Short
Out-of-state conviction without elements of California offense cannot enhance sentence under 'one strike' law. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
E017081
|
People v. Lepolo
Evidence of brandishing weapon to police and making threatening comments is admitted for impeachment purposes. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
S053937
|
People v. Helms
After new offense while on probation, prior prison term is imposed consecutively to indeterminate sentence. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
C020732
|
People v. Erwin
Warrantless search is justified after police are alerted to stolen property through use of concealed beeper. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
A073316
|
People v. Ramirez
Statute constitutionally allows alleged sexual assault victim to be identified as 'Jane Doe' at trial. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
E017299
|
People v. Romero
Defendant's alleged mistaken belief that he was only trafficking marijuana and not cocaine isn't defense. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-30357
|
U.S. v. Parrilla
If defendant proves sentencing entrapment claim by preponderance of evidence, gun enhancement is not applicable. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-35049
|
Johnson v. Baldwin
Attorney's failure to investigate client's denial of rape is prejudicial given government's weak case. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-36226, 96-36228 and 96-36231
|
Cort v. Crabtree
New interpretation of nonviolent offenses isn't retroactive to prisoners whose sentence reduction eligibility already decided. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
S016076
|
People v. Holt
Death penalty statutory mitigating factor requiring showing of extreme mental or emotional disturbance isn't vague. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-1133
|
U.S. v. Scheffer
Military rule of evidence barring polygraph results doesn't violate servicemember's right to present a defense. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
99-99004
|
LaGrand v. Stewart
Eighth Amendment prohibition against cruel and unusual punishment is violated by lethal gas execution. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10411 and 97-10427
|
U.S. v. Mitchell
If main basis for conviction is inadmissible evidence about defendant's poverty, reversal is required. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-56421
|
Rhoden v. Rowland
Unconstitutional shackling of defendant at trial in view of jury is inherently prejudicial. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-10259
|
U.S. v. Forbes
Federal law prohibits the imposition of both probation and straight prison time. |
Criminal Law and Procedure |
|
Jun. 29, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com