| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B119988
|
People v. Chicanti
Unmarked police car's activated light and siren can be substantial evidence of distinctive marking for charge of evading police officer. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E021995
|
People v. Thurston
Jury instruction on spousal battery is correctly given as general intent crime. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
F029570
|
People v. Leng
Prior juvenile adjudication that isn't serious or violent felony can't be used to impose second 'strike' sentence. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B123958
|
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E022643
|
People v. Checketts
Parent is liable for false imprisonment of child when confinement is done with intent to endanger the health and safety of the child. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
A084596
|
In re Polk
3-year commitment to mental hospital after finding defendant is incompetent to stand trial applies to aggregate of all commitments under same charges. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
S065511
|
People v. Barella
Defendant doesn't have to be advised of parole eligibility, including longer sentence under three strikes law, prior to guilty plea. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
S067173
|
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 | |
|
H016119
|
People v. Tran
Defendant cannot be sentenced to consecutive life terms in order to double minimum term of imprisonment. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
A068667
|
People v. Wright
DNA evidence from polymerase chain reaction matching technique satisfies standard for general scientific acceptance and admissibility. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E019765
|
People v. James
Manufacture of methamphetamine is inherently dangerous felony for purposes of second degree felony-murder rule. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E018588
|
People v. Thongvilay
Felony murder doctrine applies when defendants cause auto accident death while driving away from committing burglary. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G017176
|
People v. Castorena
Facts exceeding those necessary to establish gross negligence can be used to impose upper prison term. |
Criminal Law and Procedure |
|
Jun. 2, 1999 | |
|
95-99022
|
Poland v. Stewart
State high court ruling on pecuniary gain aggravating circumstance isn't unforeseeable statutory judicial enlargement. |
Criminal Law and Procedure |
|
Jun. 2, 1999 | |
|
95-10183
|
U.S. v. Keen
Colloquy between judge and defendant doesn't satisfy required explanation of pitfalls of self-representation. |
Criminal Law and Procedure |
|
Jun. 2, 1999 | |
|
98-0481
|
State v. Wagner
Judge's sentencing function is subject to analysis under vagueness doctrine and lack of sentencing guidelines in non-capital proceeding doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 2, 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. 2, 1999 | |
|
S067443
|
People v. Frazier
A penal code section that extends the statute of limitations on child molestation crimes is not unconstitutional per se. |
Criminal Law and Procedure |
|
Jun. 2, 1999 | |
|
D026826
|
People v. Johnson
Narrative form of testimony is best choice when attorney fears client will commit perjury. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
95-99022
|
Poland v. Stewart
Aggravating factors guide sentencer and aren't intended to give notice to defendant of risky conduct. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
97-10102
|
U.S. v. Luna-Madellaga
Sentencing court isn't required to calculate hypothetical sentence before sentencing defendant under undischarged term of imprisonment. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
96-6839
|
Almendarez-Torres v. United States
Federal government doesn't need to charge earlier convictions in an indictment for sentence enhancements. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
96-1769
|
Ohio Adult Parole Authority v. Woodard
Option of voluntary participation in clemency process doesn't violate privilege against self-incrimination. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
97-10163
|
U.S. v. Contreras
Giving information to probation officer doesn't satisfy Guidelines' 'Safety Valve' provision requiring giving information to government. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
97-10163
|
U.S. v. Contreras
Giving information to probation officer doesn't satisfy Guidelines' 'Safety Valve' provision requiring giving information to government. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
B108473
|
People v. Sanchez
No error in failing to instruct jury that participation in endless chain isn't Penal Code violation. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
B112575
|
People v. Encinas
Failure to prove assault on officer was with deadly weapon prevents it from being considered 'strike.' |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
F025847
|
People v. Reed
Attorney's failure to inform defendant about sentence credit limitations before plea isn't constitutionally inadequate representation. |
Criminal Law and Procedure |
|
Jun. 1, 1999 | |
|
F028131
|
People v. Brown
Police can run warrant check during valid traffic stop and question detainee regarding probation status. |
Criminal Law and Procedure |
|
Jun. 1, 1999 |
