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Name Category Published
Cleaton v. Hargett
Order
Criminal Law and Procedure Mar. 5, 1999
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. 4, 1999
People v. Frontier Pacific Insurance Co.
Declaration of Mexican notary public or attorney doesn't count as positive identification by law enforcement officer.
Criminal Law and Procedure Mar. 4, 1999
People v. Vera
Opening a place for purpose of unlawful drug sale, distribution or use is a crime of moral turpitude.
Criminal Law and Procedure Mar. 4, 1999
U.S. v. Alumbaugh
Order
Criminal Law and Procedure Mar. 4, 1999
People v. Ruiz
If conviction for aggravated assault qualifies as a serious or violent felony, it can be used for sentence enhancement.
Criminal Law and Procedure Mar. 4, 1999
People v. Oskins
To avoid criminalizing innocent conduct, violation of illegal weapon possession statute requires culpable mens rea.
Criminal Law and Procedure Mar. 4, 1999
People v. Tillman
Imposition of penalty assessments, when there's no fine upon which to base it, is improper.
Criminal Law and Procedure Mar. 4, 1999
People v. Tillman
Imposition of penalty assessments, when there's no fine upon which to base it, is improper.
Criminal Law and Procedure Mar. 4, 1999
U.S. v. Beverly
Order
Criminal Law and Procedure Mar. 4, 1999
People v. Tillman
Imposition of penalty assessments, when there's no fine upon which to base it, is improper.
Criminal Law and Procedure Mar. 4, 1999
People v. Thygesen
Sufficient evidence of lost rental value and reasonable replacement value of like property is required for restitution.
Criminal Law and Procedure Mar. 4, 1999
Anthony v. Cambra
Amending stayed habeas corpus petition to add newly-exhausted claims denied.
Criminal Law and Procedure Mar. 4, 1999
State v. Medina
Evidence of gang membership is not a mitigating circumstance for sentencing purposes.
Criminal Law and Procedure Mar. 4, 1999
People v. Bennett
Defendants aren't entitled to advance new theories for suppressing evidence at second preliminary hearings.
Criminal Law and Procedure Mar. 3, 1999
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss.
Criminal Law and Procedure Mar. 3, 1999
Penn-White v. King
Order
Criminal Law and Procedure Mar. 3, 1999
Harris v. Booker
Order
Criminal Law and Procedure Mar. 3, 1999
State v. Fulminante
Hearsay statements reflecting victim's belief to establish defendant's future conduct are inadmissible.
Criminal Law and Procedure Mar. 3, 1999
Hirsch v. Secretary of the Army
Order
Criminal Law and Procedure Mar. 3, 1999
People v. Durant
Three strikes law requires consecutive sentences for crimes with different facts, committed on separate occasions.
Criminal Law and Procedure Mar. 3, 1999
Edelbacher v. Calderon
Federal habeas corpus petitioner can't challenge state conviction during retrial proceedings, absent unusual circumstances.
Criminal Law and Procedure Mar. 2, 1999
U.S. v. Sanchez-Rodriquez
Sentencing court may grant discretionary downward departure on any factor unless prohibited by Sentencing Guidelines.
Criminal Law and Procedure Mar. 2, 1999
People v. Murphy
Court's failure to impose five-year enhancement on defendant with prior serious felony conviction is error.
Criminal Law and Procedure Mar. 2, 1999
United States v. Beard
Prejudicial error occurs by court's substitution of alternate juror over defense objection after deliberations have commence.
Criminal Law and Procedure Mar. 2, 1999
People v. Garrett
Denial of a writ of habeas corpus is only reviewable by another writ petition for habeas corpus.
Criminal Law and Procedure Mar. 2, 1999
People v. Thomas
Court has discretion to impose either concurrent or consecutive sentences in case involving multiple crimes.
Criminal Law and Procedure Mar. 2, 1999
U.S. v. Navarro
Four-year time limit for federal prosecutor doesn't apply to Special Assistant United States Attorney.
Criminal Law and Procedure Mar. 2, 1999
People v. Sanders
Theft of real property requires alleged defendant to have made false representation to true owner.
Criminal Law and Procedure Mar. 2, 1999
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. 2, 1999