Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-6256
|
Cleaton v. Hargett
Order |
Criminal Law and Procedure |
|
Mar. 5, 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. 4, 1999 | |
B114450
|
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 | |
H017420
|
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 | |
97-5236
|
U.S. v. Alumbaugh
Order |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
B115222
|
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 | |
B117298
|
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 | |
B119961
|
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 | |
B119961
|
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 | |
98-1040
|
U.S. v. Beverly
Order |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
B119961
|
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 | |
B123828
|
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 | |
97-2232
|
Anthony v. Cambra
Amending stayed habeas corpus petition to add newly-exhausted claims denied. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
96-0289
|
State v. Medina
Evidence of gang membership is not a mitigating circumstance for sentencing purposes. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
G020575
|
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 | |
98-10027
|
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 | |
98-7037
|
Penn-White v. King
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
98-3296
|
Harris v. Booker
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
95-0160
|
State v. Fulminante
Hearsay statements reflecting victim's belief to establish defendant's future conduct are inadmissible. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
98-1468
|
Hirsch v. Secretary of the Army
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
D030198
|
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 | |
97-16947
|
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 | |
97-10238
|
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 | |
C025452
|
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 | |
97-10353
|
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 | |
B117589
|
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 | |
B115359
|
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 | |
97-16794
|
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 | |
B102795 and B123833
|
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 | |
B104777
|
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 |