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Name Category Published
Kelly v. First Astri Corp.
Action to recover gambling losses on Indian reservation is barred due to public policy against judicial resolution of lawful or unlawful gambling transactions. 		Criminal Law and Procedure Jun. 28, 1999
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. 		Criminal Law and Procedure Jun. 28, 1999
People v. Vorise
Shooting incapacitated victim twice in chest at close range sufficiently supports first degree murder charge, with special circumstance. 		Criminal Law and Procedure Jun. 28, 1999
People v. Gomez
Evidence of battered women's syndrome isn't relevant unless sufficient factual evidence exists showing that victim is battered woman. 		Criminal Law and Procedure Jun. 28, 1999
People v. Robinson
A special instruction given to jury during sanity phase of defendant's trial, although inappropriate, doesn't warrant reversal. 		Criminal Law and Procedure Jun. 28, 1999
People v. Patterson
Court's failure to instruct jury on defendant's 'intent' to facilitate drug sale isn't prejudicial error since statute doesn't require intent for conviction. 		Criminal Law and Procedure Jun. 28, 1999
People v. Henley
When alleging prior felony as "serious" for purposes of the three strikes law, the prosecution has the burden of proving that the party injured was not an accomplice. 		Criminal Law and Procedure Jun. 28, 1999
People v. Baker
Felony-murder rule doesn't apply to conspiracy to commit assault with a deadly weapon. 		Criminal Law and Procedure Jun. 28, 1999
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. 		Criminal Law and Procedure Jun. 28, 1999
People v. Fowler
Prior juvenile adjudication can be used as a strike when it occurred without a jury trial or waiver of a jury trial. 		Criminal Law and Procedure Jun. 28, 1999
People v. Adame
Introduction of testimony of accomplice who received favorable sentencing treatment isn't error. 		Criminal Law and Procedure Jun. 28, 1999
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. 		Criminal Law and Procedure Jun. 28, 1999
People v. Mobley
Court has no duty to instruct jury on when a person is 'developmentally disabled' as it relates to a victim's sexual acts performed on a defendant. 		Criminal Law and Procedure Jun. 28, 1999
People v. Kelly
Technical error in calculating sentence doesn't result in reduction of prison term when aggravating factors support the sentence imposed. 		Criminal Law and Procedure Jun. 28, 1999
In re Cudjo
No evidence of ineffective assistance of counsel for failure to present evidence that victim was possibly murdered by her husband. 		Criminal Law and Procedure Jun. 28, 1999
In re Johnson
Evidence of voluntary use of controlled substances supports probable cause funding as to possession charge. 		Criminal Law and Procedure Jun. 28, 1999
Johnson v. United States
Trial court's decision to determine materiality instead of jury in perjury case isn't plain error. 		Criminal Law and Procedure Jun. 28, 1999
People v. Fitch
In sex offense case, government can introduce evidence of defendant's commission of prior sex offense. 		Criminal Law and Procedure Jun. 28, 1999
People v. Helms
Application of three strikes law to offense committed before its enactment violates ex post facto law. 		Criminal Law and Procedure Jun. 28, 1999
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. 		Criminal Law and Procedure Jun. 28, 1999
People v. Lee
Instructing jury on incorrect theory to reduce killing from murder to manslaughter is harmful error. 		Criminal Law and Procedure Jun. 28, 1999
People v. Short
Out-of-State conviction without elements of California offense cannot enhance sentence under 'One Strike' Law. 		Criminal Law and Procedure Jun. 28, 1999
People v. Conrad
Acting 'in concert' with enjoined abortion protesters requires defendants to have actual relationship with protesters. 		Criminal Law and Procedure Jun. 27, 1999
People v. Jones
Defendant isn't denied due process by his being given antipsychotic drugs to control his schizophrenia. 		Criminal Law and Procedure Jun. 26, 1999
People v. Fioretti
Registered sex offender must inform authorities of residence change despite probation discharge and record clearance. 		Criminal Law and Procedure Jun. 26, 1999
People v. Tate
Submitting false document showing defendant's completion of probationary conditions supports conviction for filing false instrument. 		Criminal Law and Procedure Jun. 26, 1999
U.S. v. Hall
Fruits of search based on officer's reckless withholding of information undermining informant's credibility are suppressed. 		Criminal Law and Procedure Jun. 26, 1999
U.S. v. Cazares
Plea to drug conspiracy with overt act gun possession doesn't establish weapon possession for sentencing. 		Criminal Law and Procedure Jun. 26, 1999
Bracy v. Gramley
Evidence judge was bribed in other cases provides justification to grant discovery in judicial bias claim. 		Criminal Law and Procedure Jun. 26, 1999
People v. Tate
Submitting false document showing defendant's completion of probationary conditions supports conviction for filing false instrument. 		Criminal Law and Procedure Jun. 26, 1999
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