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Name Category Published
U.S. v. Montoya-Longoria
Order
Criminal Law and Procedure May 21, 1999
U.S. v. Bolton
Order
Criminal Law and Procedure May 21, 1999
People v. Smith
Court has authority to reduce a previously imposed, but suspended, sentence after revoking defendant's probation.
Criminal Law and Procedure May 21, 1999
People v. Lee
No sentencing hearing is required when case is remanded for determination of whether to strike prior.
Criminal Law and Procedure May 21, 1999
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty of reckless driving caused by fear.
Criminal Law and Procedure May 21, 1999
People v. Jones
Court upholds death sentence but modifies life sentence on kidnapping for purpose of robbery charge.
Criminal Law and Procedure May 21, 1999
U.S. v. Franco
Jury can receive unread translated transcripts of audiotapes of foreign-language conversations if defendant doesn't object.
Criminal Law and Procedure May 21, 1999
People v. Bechler
Firefighters acting as paramedics are not 'firefighters' for purposes of statute defining assault on a firefighter.
Criminal Law and Procedure May 21, 1999
Dant v. Superior Court (People)
Trial court has discretion to consider misdemeanor defendant's request for release on his own recognizance.
Criminal Law and Procedure May 21, 1999
In re Rhodes
Corrections Department doesn't abuse discretion by exercising authority to assign prisoners to prison away from home.
Criminal Law and Procedure May 21, 1999
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause.
Criminal Law and Procedure May 21, 1999
People v. Teal
Crime is committed if threat is received whether or not threatener knows victim heard it.
Criminal Law and Procedure May 21, 1999
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction.
Criminal Law and Procedure May 21, 1999
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable.
Criminal Law and Procedure May 21, 1999
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea.
Criminal Law and Procedure May 21, 1999
People v. Bell
Court has discretion to impose concurrent sentences for current felonies committed simultaneously.
Criminal Law and Procedure May 21, 1999
People v. Stubbs
Defendant must obtain certificate of probable cause from trial court to challenge propriety of guilty plea.
Criminal Law and Procedure May 21, 1999
People v. Satz
No legitimate expectation of privacy in hotel room which is rented using stolen credit card.
Criminal Law and Procedure May 21, 1999
People v. Myers
Reasonable force can be used to resist battery even if person not about to suffer injury.
Criminal Law and Procedure May 21, 1999
In re Barfoot
Defendant entitled to resentencing hearing so that trial court may determine whether to strike prior.
Criminal Law and Procedure May 21, 1999
U.S. v. Garcia
Preponderance of evidence standard applies to subornation of witness perjury finding supporting obstruction of justice enhancement.
Criminal Law and Procedure May 21, 1999
U.S. v. Sylve
Assimilative Crimes Act applies to state rehabilitation program of deferred prosecution resembling preconviction probation.
Criminal Law and Procedure May 21, 1999
Lewis v. Superior Court (People)
Superior court clerk isn't empowered to decide whether or not an order is appealable.
Criminal Law and Procedure May 21, 1999
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious.
Criminal Law and Procedure May 21, 1999
People v. Hurd
No right to remain silent selectively, and such silence may be used for impeachment purposes.
Criminal Law and Procedure May 21, 1999
U.S. v. Sprague
Base offense level calculation for drugs requires excluding weight of materials removed to make product usable.
Criminal Law and Procedure May 21, 1999
U.S. v. Clavette
Defendant isn't entitled to jury trial for killing grizzly bear in violation of Endangered Species Act.
Criminal Law and Procedure May 21, 1999
U.S. v. Doe
Federal arson statute is violated when structural fire develops from smoldering paper ignited by juvenile.
Criminal Law and Procedure May 21, 1999
People for the Territory of Guam v. Veloria
Prosecutor's erroneous elicitation of testimony regarding defendant's invocation of right to remain silent doesn't require objection.
Criminal Law and Procedure May 21, 1999
Mach v. Stewart
Further court voir dire necessary to find if potential juror's prejudicial expert-like statements infected panel.
Criminal Law and Procedure May 21, 1999