| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-0284
|
Hill v. Hall
Defendant is entitled to only one peremptory challenge for change of judge. |
Criminal Law and Procedure |
|
May 28, 1999 | |
|
S055670
|
People v. Rodriguez
Court must exercise its discretion to strike prior felony in presence of defendant and counsel. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
S065639
|
People v. Tufono
During patdown search, officer cannot retrieve object from suspects pocket that isn't weapon or contraband. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
S065828
|
People v. Nelson
Court's withdrawal of confusing and inapplicable jury instruction during deliberation isn't prejudicial error. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
E019186
|
People v. Cline
Defendant doesn't have right to unitary trial on current offenses and strike allegations. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
B103652
|
People v. Prevost
Statute making it illegal to manufacture, sell, or distribute unauthorized cable decoder boxes is constitutionally valid. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
B111299
|
People v. Pinedo
Order of restitution to victim for attorney fees incurred securing settlement from defendant's insurer is proper. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
D029756
|
In re Parker
Probable cause to hold defendant as sexually violent predator requires more than facial review of petition. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
96-50584
|
U.S. v. Hinojosa-Gonzalez
Defendant entitled to reasonable notice of factual and legal grounds for contemplated upward departure. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
S065672
|
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulate facts. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
96-50584
|
U.S. v. Hinojosa-Gonzalez
Sentencing court must notify defendant of both legal and factual grounds for upward sentence departure. |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
98-3231
|
Morse v. Hannigan
Order |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
98-4163
|
U.S. v. Castillo
Order |
Criminal Law and Procedure |
|
May 27, 1999 | |
|
B101643
|
People v. Washington
Prosecutor's failure to disclose impeachment evidence violates discovery statute but is harmless error. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S055670
|
People v. Rodriguez
Evidence is sufficient to show that cocaine possessed by defendant is cocaine base. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
A075476
|
People v. Hitchings
No error in refusing to play tape of defendant's post-arrest conversation with his girlfriend. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S065511
|
People v. Barella
Pleading defendant is prejudiced by court's failure to advise regarding three strikes law's parole eligibility limitation. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S065364
|
People v. Washington
Prosecutor's failure to disclose impeachment evidence violates discovery statute but is harmless error. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
A076392
|
People v. Barra
Doubling provision of three strikes law applies to determinate life sentence. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-10212 and 97-10218
|
U.S. v. Zarate-Martinez
Due process challenge to illegal re-entry after deportation conviction must show both illegal deportation and prejudice. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
C024675
|
People v. Proby
Evidence is sufficient to prove defendant acted as 'major participant' with 'reckless disregard' for human life. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B107221
|
People v. Gatson
Victim's statements that she was robbed are properly admitted under dying declaration exception to hearsay rule. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
96-1579
|
Brogan v. United States
No exception to federal statutory criminal liability for false statement consisting of mere 'exculpatory no.' |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B090280
|
People v. Moenius
Evidence is sufficient to establish prior burglary convictions were qualifying felony convictions under three strikes law. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-50006
|
U.S. v. Lipman
Following conviction for illegal re-entry after deportation, downward sentence departure for 'cultural assimilation' is proper. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-99003
|
Siripongs v. Calderon
Defense attorney's failure to blame murder on accomplice doesn't constitute ineffective assistance of counsel. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G019587
|
People v. Sanchez
Specific statute of solicitation doesn't pre-empt prosecution under general 'attempted possession' statutes. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G019557
|
People v. York
Specific statute of solicitation pre-empts prosecution under general 'attempted possession' statutes. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
A075476
|
People v. Hitchings
No error in refusing to play tape of defendant's post-arrest conversation with his girlfriend. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S057262
|
People v. Whitson
Evidence supports trial court's finding that defendant was properly advised of rights before giving statements. |
Criminal Law and Procedure |
|
May 26, 1999 |
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