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People v. Mayfield
Defendant's deliberate killing of peace officer warrants upholding murder conviction and death sentence.
Criminal Law and Procedure Jul. 28, 1999
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony.
Criminal Law and Procedure Jul. 28, 1999
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.'
Criminal Law and Procedure Jul. 28, 1999
California Department of Corrections v. Office of Administrative Hearings (Anthony)
Administrative law judge can appoint psychiatric expert to assist inmate at involuntary medication hearing.
Criminal Law and Procedure Jul. 28, 1999
People v. Ortiz
Non-profit trade association, representing direct victims of defendant's crime, is awarded restitution.
Criminal Law and Procedure Jul. 28, 1999
People v. Ochoa
Sentence enhancements are consecutive to indeterminate life term under three strikes law.
Criminal Law and Procedure Jul. 28, 1999
People v. Superior Court (Alvarez)
Three strikes law doesn't defeat trial court's sentencing discretion to reduce wobbler felony to misdemeanor.
Criminal Law and Procedure Jul. 28, 1999
Hubbard v. Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on cross-examination.
Criminal Law and Procedure Jul. 28, 1999
U.S. v. Godinez
Defendant appearing before sentencing jury in shackles that are not visible is harmless error.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Kikuyama
Defendant's need for psychiatric treatment is insufficient to support court imposing discretionary consecutive sentences.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Hugs
Standing to attack protection law, requires Native Americans to apply to take eagles for religious purposes.
Criminal Law and Procedure Jul. 27, 1999
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction.
Criminal Law and Procedure Jul. 27, 1999
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case.
Criminal Law and Procedure Jul. 27, 1999
People v. Laster
'Natural and probable consequences' instruction is appropriate if charged crime is foreseeable result of target offense.
Criminal Law and Procedure Jul. 27, 1999
Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case.
Criminal Law and Procedure Jul. 27, 1999
People v. Monreal
Probation report including defendant's admissions qualifies as part of conviction record and admissible hearsay.
Criminal Law and Procedure Jul. 27, 1999
People v. Marshall
Death sentence defeated by faulty jury instructions on intent to kill element of special circumstance allegations.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Uchimura
Jury decides materiality issue in prosecution for filing a false tax return.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Floyd
Despite mistaken belief of appeal right, defendant still cannot appeal conviction after unconditional guilty plea.
Criminal Law and Procedure Jul. 27, 1999
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction.
Criminal Law and Procedure Jul. 27, 1999
People v. Lloyd
Review granted
Criminal Law and Procedure Jul. 27, 1999
Hubbart v. Superior Court (People)
Sexually Violent Predators Act is constitutional on face and isn't double jeopardy nor ex post facto violation.
Criminal Law and Procedure Jul. 27, 1999
People v. Howard
When court imposes sentence but suspends execution for probation, after revocation sentence cannot be reduced.
Criminal Law and Procedure Jul. 27, 1999
State v. Adams
Conviction for first-degree murder with sentence of death appropriate under the circumstances.
Criminal Law and Procedure Jul. 27, 1999
Thompson v. Calderon
Absent prejudice to defendant, grant of habeas relief for ineffective assistance of counsel is erroneous.
Criminal Law and Procedure Jul. 26, 1999
Alvarado v. Superior Court
Court may withhold identities of witnesses from defense after determining witnesses are in mortal danger.
Criminal Law and Procedure Jul. 26, 1999
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.'
Criminal Law and Procedure Jul. 26, 1999
People v. Reed
Defendant's acts constitute attempt and not mere preparation to commit crime of attempted molestation.
Criminal Law and Procedure Jul. 26, 1999
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial.
Criminal Law and Procedure Jul. 26, 1999
Thompson v. Superior Court (People)
Defendant's raw, written witness interview notes must be given to government in discovery.
Criminal Law and Procedure Jul. 26, 1999