| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G018175
|
People v. Silvey
Defendant committing manslaughter against 'intruder' at friend's house isn't entitled to defense of habitation instruction. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
F024542
|
People v. Spry
Jury isn't instructed correctly on magnitude of defendant's burden of proving affirmative defense. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-99018
|
Gerlaugh v. Stewart
Defense attorney isn't ineffective per se for not arguing against death penalty at sentencing hearing. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-99005
|
Bloom v. Calderon
Ineffective assistance of counsel results from not providing psychiatrist available evidence of defendant's mental illness. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B105413
|
People v. Chevalier
Verdict for drug conspiracy weight allegation doesn't require substantial involvement in the underlying offense element. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-10575
|
U.S. v. Johnson
In transporting minor for criminal sexual activity, 'intent' element applies to sexual conduct, not transporting victim. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B100904
|
People v. Dawson
Felony murder jury instruction is sufficient when prosecutor relies on 'natural and probable consequences' doctrine. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
D025024, D025023 and D024993
|
People v. Harrison
Sentence for one matter must reflect that enhancement carries term one-third of other enhancement. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B109959
|
People v. Superior Court (Blakely)
Lack of effective treatment for defendant's medical condition doesn't preclude extended commitment in state hospital. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A074843
|
People v. Gillispie
Refusal to strike prior is justified for defendant's numerous armed robberies over short period of time. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
F027004
|
People v. Casillas
Defendant cannot withdraw plea when express condition subsequent to bargain, nonappearance at sentencing, occurs. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-7171
|
Spencer v. Kemna
Expiration of prisoner's sentence causes his habeas corpus petition challenging parole revocation to be moot. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-1469
|
U.S. v. Ramirez
Fourth Amendment doesn't hold officers to higher standard when 'no-knock' entry causes destruction of property. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-50048
|
U.S. v. Toothman
Defendant is permitted to withdraw guilty plea when sentenced to felony after pleading to misdemeanor. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-10116
|
U.S. v. Terrence
Compact of Free Association doesn't immunize Palauans from prosecution for illegal U.S. reentry after deportation. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B116550
|
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B112055
|
People v. Fields
Testimony regarding number on defendant's pager isn't impermissible hearsay evidence. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A075845
|
People v. Haynes
Evidence supports finding defendant aided and abetted robbery occurring in two incidents of continuing nature. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A074730
|
People v. Brodit
Admission of child abuse victim's hearsay statements pursuant to statute doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
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 |
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