| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S068395
|
People v. Douglas
Appeal that's unrelated to probation order is procedurally proper if there's no threat to defendant's probation. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
98-3226
|
U.S. v. Timley
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-50138
|
U.S. v. Ani
Suppression of drugs is inappropriate remedy for custom officer's violation of search regulations regarding international mail. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
H016854
|
People v. Williams
No due process violation by trial court's failure to state reasons for increasing sentence upon remand. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
G020681
|
County of Orange v. Ranger Insurance Co.
Despite defendant's detention in Mexico, forfeiture of surety's bail bond is proper since extradition unlikely. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
B110973
|
People v. Ranger Insurance Co.
Insurance company's power of attorney did not prohibit the 'stacking' of bail bonds. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
96-10561
|
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
96-16987
|
Eslaminia v. White
Jury consideration of damaging unadmitted audiotape of defendant's nontestifying sibling is prejudicial error requiring new trial. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
96-50397
|
U.S. v. Lowe
Appellate court lacks jurisdiction to review denial of sentence reduction based on amended sentencing range. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
G019924
|
Shea v. Department of Motor Vehicles
Forensic alcohol report prepared by unsupervised trainee can't qualify under public employee exception to hearsay rule. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
97-0549
|
State v. Holm
Conviction for possession of drug paraphernalia doesn't constitute lesser-included offense under Arizona Law. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
96-10110
|
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
H018163
|
People v. Tobias
Ex post facto clause isn't violated by reviving expired limitation period in criminal statute. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
97-10113
|
U.S. v. Rodrigues
Prosecutorial misconduct, including disparaging statements to jury about defense counsel, requires reversal of convictions. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
97-6203
|
Jones v. U.S.
'Carjacking' statute requires three distinct offenses be charged in indictment, proven beyond a reasonable doubt and presented to jury for verdict. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
D029608
|
People v. Hale
Relieving state's burden, by instructing jury that allegations of defendant's prior out-of-state felony convictions are true, requires reversal. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
F031267
|
People v. Ramirez
Defendant isn't entitled to a verbal advisement of the immigration consequences of pleading guilty. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
B120795
|
People v. Elize
Defendant's convictions for assault and battery cannot stand due to failure to give jury instruction on self-defense. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
H017471
|
Sutter's Place Inc. v. Kennedy
Fee collection practices used to collect on bets at certain card games doesn't violate 'percentage game' statute. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
99-7005a
|
James v. Scott
Order |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
98-1004
|
Hon. Dean D. Flippo, District Attorney, Monterey County
Prohibition of firearm in school zone applies to firearm in two parts that assemble into one with push of button and shift of pin. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
97-15128
|
U.S. v. McClain
Double jeopardy isn't violated by resentencing defendant within original 'package' sentence after conviction vacated. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
D026836
|
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
S052399
|
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
S067557
|
People v. Lopez
Separate drug sales on two different days constitute different sets of operative facts for sentencing purposes. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
S067513
|
People v. Harrison
Sentence for one matter must reflect that enhancement carries term one-third of other enhancement. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
S037992
|
In re Brown
Prosecution's failure to disclose material exculpatory evidence requires vacation of judgment. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
97-10111
|
U.S. v. Gallant
Possession of gun taken from officer during escape supports sentence enhancement for firearm use. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
95-50455 96-50396 96-50412 and 96-50442
|
U.S. v. Nelson
Conviction based on aiding and abetting robbery doesn't require knowledge of the crime's impact on interstate commerce. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
96-17103
|
Gill v. Villagomez (Government of Guam)
No abuse of discretion to deny motion to dismiss under speedy trial statute after appeal. |
Criminal Law and Procedure |
|
May 19, 1999 |
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