| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
A076816
|
People v. Jack
Failure to notify defendant parole is extended doesn't invalidate parole status and warrantless parole search valid. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S012032
|
People v. Fairbank
Conviction and death sentence for torture and murder of woman while attempting rape is warranted. |
Criminal Law and Procedure |
|
May 26, 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 26, 1999 | |
|
C024462
|
People v. Harris
Evidence of 23-year-old violent crime to show predisposition to commit current offenses is error. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B106765
|
People v. Gill
Failure to hold in camera hearing regarding relevance of police officer's records is error. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G018588
|
People v. Carter
Great bodily injury enhancement requires only general intent. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-10213
|
U.S. v. Tubiolo
Threatening borrower to obtain loan repayment for third party violates statute prohibiting extortion to collect debt. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S067325
|
People v. Landa
Court must hold in camera hearing to determine admissibility of officer's testimony once he claims privilege. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
96-30241
|
U.S. v. Senchenko
Possession of illegal trapping equipment and harvested parts is evidence of intent to sell wildlife. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S067909
|
People v. Thompson
After pleading guilty to prior allegations, failure to admit they were serious isn't grounds for dismissal. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
96-50321
|
U.S. v. Tucker
Hobbs Act is violated by elected official accepting payment with understanding he is to exercise influence. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S057534
|
People v. Williams
Trial court's vacating prior felony conviction on own motion is abuse of discretion considering defendant's record. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
96-16209
|
Ramirez v. Hatcher
Jury instruction equating reasonable doubt with 'substantial' doubt but contrasting 'mere possibility' doesn't violate due process. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
F027554
|
People v. Pate
Parolee at large has no reasonable expectation of privacy in motor vehicle. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
D027274
|
People v. Smith
Extortion is not an inherently dangerous crime under the felony-murder rule. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-6270
|
Caron v. United States
Federal laws barring felons from possessing guns apply unless state law restores all possession rights. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S067672
|
People v. Sargent
'Shaken baby syndrome,' by itself, is insufficient for criminal negligence element of felony child abuse. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
95-99020
|
McLain v. Calderon
Jury instruction omitting limitation on governor's power to commute life sentence requires reversal of death sentence. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B100904
|
People v. Dawson
Felony murder jury instruction is sufficient when prosecutor relies on 'natural and probable consequences' doctrine. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
98-1101
|
Hon. James P. Fox, District Attorney
Charitable organization can't sell raffle tickets for a fee in violation of auti-lottery statute, even if participants get one ticket free. |
Criminal Law and Procedure |
|
May 25, 1999 |
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