| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B113433
|
People v. Jones
Court errs by imposing separate enhancements for prior convictions involving single prison term. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
S056734
|
People v. Peevy
Statements elicited after deliberate failure to honor suspect's request for counsel may be used for impeachment. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
S061678
|
People v. Benson
Prior conviction may be 'strike' even if court stayed sentence under statute prohibiting multiple punishment. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A075247
|
People v. Garcia
Statute concerning second degree drive-by murder establishes a penalty, not a new crime. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
F026872
|
People v. Bautista
Defendant waives objection to court's poor articulation of reasons for requiring sex offender registration. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
H017123
|
People v. Frontier Pacific Insurance Co.
Failure of recorded proceedings to disclose cause for continuance, forecloses declaration of bail forfeiture. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
D026077
|
People v. Estrada
Inflammatory and prejudicial misconduct by co-defendant's counsel requires reversal of drug conviction. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
96-30214
|
U.S. v. Martinez
Waiver of right to conflict-free counsel includes potential conflicts reasonably foreseeable at time of waiver. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A074646
|
People v. Kwok
Defendant commits burglary by removing lock mechanism and making key to facilitate future assault. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
95-56586
|
Parretti v. United States
Dismissal of criminal appeal is warranted where defendant-appellant has fled the United States. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
96-50606
|
U.S. v. Garibay
Suspect with poor English proficiency doesn't waive Miranda rights where interrogation conducted solely in English. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
94-10309
|
U.S. v. Burt
Invalid entrapment instruction, in absence of compelling evidence of defendant's predisposition, is plain error. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
98-131
|
U.S. v. Sun-Diamond Growers of California
Government must show link between gratuity conferred and 'official act' performed for or because of gratuity to convict under illegal gratuity statute. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
98-3017
|
U.S. v. Jenkins
Fourteen seconds is reasonable wait before breaking down door under knock-notice rule. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
98-6366
|
Quate v. Hargett
Order |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
98-6255
|
Haney v. Addison
Death penalty act imposes one-year limitation for filing federal habeas petition. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
99-6015
|
Whitmore v. Kaiser
Order |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
98-4063
|
U.S. v. Heaps
Order |
Criminal Law and Procedure |
|
May 9, 1999 | |
|
98-7129
|
U.S. v. Hurd
Opinion |
Criminal Law and Procedure |
|
May 9, 1999 | |
|
B111324
|
People v. Erving
Evidence of uncharged fires in arson defendant's neighborhood is admissible to show identity and intent. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
B107742
|
People v. Jefflo
Post-trial request for jurors' identifying information lacks good cause showing of juror misconduct. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
C022971
|
People v. Frazier
Defendant who had methamphetamine for several hours isn't entitled to instruction on momentary possession. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
96-56644
|
Crandell v. Bunnell
Court must appoint substitute defense counsel if original counsel fails for months to communicate with defendant. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
96-8516
|
Bousley v. United States
Petition claiming plea wasn't voluntary and intelligent may assert construction of statute announced after plea. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
97-300
|
Stewart v. Martinez-Villareal
Federal habeas petition isn't 'second or successive' petition if prior petition was dismissed as premature. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
98-50326
|
U.S. v. Amlani
Attorney-Client privilege implicitly waived when fairness requires disclosure of the protected communication. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
96-30081
|
U.S. v. James
Exclusion of corroboration evidence necessary to establish defendant's credibility is prejudicial error. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
S064345
|
People v. Martinez
Asportation requirement of 'substantial' movement in simple kidnapping is applied to separate offense of kidnapping a person under the age of 14. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
C023551 and C024936
|
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
C029415
|
People v. Shear
Defendant's Arizona felony conviction offense need not be a felony in California to convict him as a felon in possession of firearm. |
Criminal Law and Procedure |
|
May 6, 1999 |
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