| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B108701
|
People v. Mendoza
Where two offenses are incidental to one objective the second conviction's sentence must be stayed. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
A076486
|
People v. Olea
Defendant needn't register as sex offender where registration not included as part of plea bargain. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
95-16564
|
Neal v. Shimoda
Parole eligibility can be predicated on completing sex-offender treatment program enacted after underlying offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-10561
|
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
C026887
|
Bowers v. Superior Court of Nevada County (People)
All purpose assignment rule renders judicial challenge in superior court untimely. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
F027371
|
People v. Evans
Failure to give jury instructions on defendant's right to not testify is error. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B110548
|
People v. Ruiz
Evidence of gang membership is admissible to prove bias if the prejudicial impact is minimal. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B119878
|
Block v. The Superior Court (Downey)
Good cause release orders for inmates can only be issued under exceptional circumstances. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
H015917
|
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-10388
|
U.S. v. James
Defendant's absence at teleconference isn't prejudicial if no evidence exists that disputed facts were discussed. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-50173 and 96-50258
|
U.S. v. Brinton
Quantity of methamphetamine is properly considered in sentencing for possession with intent to distribute narcotics. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
95-15942
|
Williams v. Borg
Defendant's testimony can be stricken from record for refusal to answer questions on cross-examination. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
98-50431
|
U.S. v. Meksian
Defendant isn't required to pay restitution for making false statements on application to secure property, since he was not the proximate cause in making property worthless. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B114721
|
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
S040799
|
In re Hamilton
Show cause order is discharged after referee finds defendant's murder conviction and death sentence wasn't tainted by juror bias or misconduct. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
S058197
|
People v. Howard
Trial court has jurisdiction and discretion to reduce previously imposed-but-suspended sentence. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B099959
|
People v. Carreon
Enhancement that is dismissed twice is barred from prosecution. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B109675
|
People v. Owens
Defendant isn't subjected to discrimination where decision to prosecute was motivated by fact he was policeman. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G019511
|
People v. Gulaya
Medical doctor's conviction for unlawful fee splitting cannot stand absent specific intent jury instruction. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B107536
|
People v. Garcia
Striking prior convictions for some, but not all, of sentencing counts doesn't constitute unauthorized sentence. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E019418
|
People v. Ward
Statute prohibiting defendant from assaulting mother of defendant's child isn't violated by assault on pregnant ex-girlfriend. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B106922
|
People v. Wood
Felonies can't be reduced to misdemeanors if prison sentence was imposed before probation was granted. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-10240
|
U.S. v. Bailey
Near identity of state statute and federal Guidelines permits base offense level increase for state conviction. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-99006
|
Smith v. Stewart
Failure to present available mitigating evidence during penalty phase is prejudicially ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-581
|
Pennsylvania Board of Probation and Parole v. Scott
Exclusionary rule doesn't apply to parole revocation hearings. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
98-50172
|
U.S. v. Doe
Under special circumstances, failure to notify parents of juvenile's miranda rights while in custody constitutes 'harmless error.' |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E022778
|
Augustine v. Superior Court (People)
Trial court can order destruction of exhibits pursuant to statute over objections of defendants. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-99007
|
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
98-50347
|
U.S. v. Jose Lombera-Camorlinga
Alien must show 'prejudice' by custom agent's failure to inform him of his right to contact his consular after arrest under Vienna Convention on Consular Relations Treaty. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
98-50419
|
U.S. v. Rodriguez-Lopez
Enhancements for a 'criminal conviction' under U.S. Sentencing Guidelines include prior felony immigration convictions. |
Criminal Law and Procedure |
|
Jun. 3, 1999 |
