| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-50238
|
U.S. v. Moore
Conviction based on conduct not illegal when defendant was arrested constitutes plain error |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-10057
|
U.S. v. Shannon
'Deliberate ignorance' jury instruction is appropriate if evidence shows defendant's actual knowledge letter contained threat. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-30162 and 96-30278
|
U.S. v. Fisher
Defendant doesn't fail to appear when new appearance date set in his absence before original date. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-56118
|
Brown v. Myers
Defense counsel's failure to investigate, locate, and produce corroborating alibi witness is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-55193
|
Clarey v. Gregg
Extradition to Mexico for simple homicide doesn't violate dual criminality since act analogous to felony murder. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
C023943 and C024449
|
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-55109
|
Totten v. Merkle
Defense counsel isn't ineffective for not mounting mental-state defense where evidence shows defendant planned murder. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B103392
|
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S056760
|
People v. Snook
Subsequent offenses cannot be used to enhance sentence of conviction on earlier, first offense. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S056760
|
People v. Snook
Enhanced penalty for multiple drunken driving convictions applies regardless of order of offenses and convictions. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
97-10045
|
U.S. v. Mann
Under Insanity Defense Reformation Act, "maximum term authorized by law' refers to statutory limit for crime. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B091707 and B092243
|
People v. Superior Court (Pipkin)
Sentencing court must set forth in writing reasons for striking defendants prior serious felony convictions. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S012032
|
People v. Fairbanks
Conviction and death sentence for torture and murder of woman while attempting rape is warranted. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-10318
|
U.S. v. Gutierrez-Cervantez
Alien who had counsel at prior judgment cannot collaterally attack it after illegal re-entry. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
97-10046
|
U.S. v. Bauer
In a prosecution for concealing assets, defendant's attorney client privilege is violated by bankruptcy attorney's testimony. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B103392
|
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B106076
|
People v. Myers
Penal Code does not bar imposition of six-year enhancement on first-degree murder conviction. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B102146
|
People v. Ramirez
Probable cause to stop vehicle can be based on information furnished by another officer. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S046514
|
People v. Loeun
Criminal gang activity is proven by offense charged and proof of another offense by fellow gang member. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
95-99025
|
Carriger v. Stewart
Under miscarriage-of-justice exception to abuse-of-writ doctrine, habeas petitioner's evidence warrants new murder trial. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S053149
|
People v. Mills,
Elimination of court's discretion to dismiss prior 'strike' conviction does not violate separation of powers. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
D027755
|
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B108412
|
People v. Leblanc
Absent exigent circumstances, search of remainder of defendant's motel room for drugs violates Fourth Amendment. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-8653
|
Gray v. Maryland
Use of confession which substitutes blanks and word 'delete' for defendant's proper name is prohibited. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
95-99012
|
Correll v. Stewart
Counsel's failure to present available evidence during penalty phase requires evidentiary hearing on habeas claim. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
97-70139
|
Calderon v. U.S. District Court (Malone)
District court order regarding extradition isn't reviewable by mandamus when ordinary appeal is available. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
F024600
|
People v. Cook
Fact that key element of crime is performed by another doesn't make accomplice aider and abettor. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S052695
|
People v. Reese,
'Three strikes' sentence of 25 years to life doesn't violate prohibitions against cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
H015980
|
People v. Steffens
Fraudulent charges are a necessary element of crime of altering access card account information. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
D027755
|
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant. |
Criminal Law and Procedure |
|
Jun. 6, 1999 |
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