Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S075543
|
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-8027
|
U.S. v. Giesse
Order |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-9217
|
Peguero v. United States
Court's failure to advise defendant of 'right to appeal' isn't error if defendant already knew of right and suffered no prejudice by omission. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A-735
|
Stewart v. LaGrand
Defendant who chooses lethal gas execution over another method waives right to challenge its constitutionally. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S075458
|
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-7164
|
Holloway v. U.S.
Under federal carjacking statute, Government doesn't have to prove unconditional intent to kill to satisfy requisite mens rea. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-8629
|
Richardson v. United States
Proof of a drug-dealing conspiracy doesn't require proof that a monopoly exists. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
97-35566
|
U.S. v. Benboe
Collateral attack on conviction based on development in case law is permitted notwithstanding appeal waiver. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
A078653
|
People v. Craig
Court may increase sentence for base offense following appeal, if total sentence does not exceed original. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B113027
|
Oliver v. County of Los Angeles
New card game based on blackjack is prohibited though not specifically mentioned in Penal Code. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E021039
|
People v. Rodola
Grand theft involving firearm includes grand theft of a firearm. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
C024963
|
People v. Tabios
Claim of imperfect self-defense is irrelevant to charge of second degree felony murder. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
B116694
|
People v. Hall
Court doesn't have to impose consecutive sentences if it's unclear whether crimes arose on same occasion. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S072752
|
People v. Fields
Defendant's jury waiver invalid where record indicates mistaken belief that jury verdict wouldn't be appealable. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
E020775
|
People v. Monarrez
Possession of different controlled substances simultaneously supports separate punishment for each. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
S072560
|
People v. Newman
Defendant must be advised of rights before stipulating to prior conviction that elevates misdemeanor to felony. |
Criminal Law and Procedure |
|
Mar. 11, 1999 | |
98-71334
|
Wilson v. The United District Court
Execution stayed after petition for writ of mandamus denied. |
Criminal Law and Procedure |
|
Mar. 10, 1999 | |
97-16987
|
Lopez v. Smith
Trial Court isn't required to give forma pauperis prisoner opportunity to amend complaint. |
Criminal Law and Procedure |
|
Mar. 10, 1999 | |
97-50617
|
U.S. v. Partlow
Sentencing court must deduct points for specific offense before applying mandatory increase for 'risk of injury.' |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-50145
|
U.S. v. Vasquez
Court may impose supervised release after revoking defendant's probation. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
D028210
|
People v. Mays
Compliance with knock-notice at outer door to residence, satisfies notice requirement for all inside doors. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
B118491
|
People v. Herrera
Repeal of Penal Code section doesn't revest courts with discretion to strike punishment for firearm enhancement. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
97-16763
|
U.S. v. Alvarez-Tautimez
Counsel was ineffective for not withdrawing unaccepted guilty plea when suppression motion likely to succeed. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
97-35615
|
Clearwater-Thompson v. Grassmueck
Criminal contempt charge against debtor can't be prosecuted by bankruptcy creditor's attorney |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-1117
|
U.S. v. Panyard
Order |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
98-1048
|
U.S. v. Fabiano
Jury instruction on knowing receipt of child pornography sufficiently instructed on defendant's knowledge. |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
97-2348
|
U.S. v. Solano-Rodriguez
Order |
Criminal Law and Procedure |
|
Mar. 8, 1999 | |
B116907
|
People v. Turner
Use of electronic reporting rather than certified doesn't violate defendant's due process. |
Criminal Law and Procedure |
|
Mar. 5, 1999 | |
97-1442
|
U.S. v. Burch
United States lacks jurisdiction to prosecute offenses committed by or against Indians within Ignacio, Colorado. |
Criminal Law and Procedure |
|
Mar. 5, 1999 | |
98-6265
|
U.S. v. Soria
Order |
Criminal Law and Procedure |
|
Mar. 5, 1999 |