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Name Category Published
People v. Evans
Failure to give jury instructions on defendant's right to not testify is error. 		Criminal Law and Procedure Jun. 4, 1999
People v. Ruiz
Evidence of gang membership is admissible to prove bias if the prejudicial impact is minimal. 		Criminal Law and Procedure Jun. 4, 1999
Block v. The Superior Court (Downey)
Good cause release orders for inmates can only be issued under exceptional circumstances. 		Criminal Law and Procedure Jun. 4, 1999
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. James
Defendant's absence at teleconference isn't prejudicial if no evidence exists that disputed facts were discussed. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Brinton
Quantity of methamphetamine is properly considered in sentencing for possession with intent to distribute narcotics. 		Criminal Law and Procedure Jun. 4, 1999
Williams v. Borg
Defendant's testimony can be stricken from record for refusal to answer questions on cross-examination. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Meksian
Defendant isn't required to pay restitution for making false statements on application to secure property, since he was not the proximate cause in making property worthless. 		Criminal Law and Procedure Jun. 3, 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. 3, 1999
In re Hamilton
Show cause order is discharged after referee finds defendant's murder conviction and death sentence wasn't tainted by juror bias or misconduct. 		Criminal Law and Procedure Jun. 3, 1999
People v. Howard
Trial court has jurisdiction and discretion to reduce previously imposed-but-suspended sentence. 		Criminal Law and Procedure Jun. 3, 1999
People v. Carreon
Enhancement that is dismissed twice is barred from prosecution. 		Criminal Law and Procedure Jun. 3, 1999
People v. Owens
Defendant isn't subjected to discrimination where decision to prosecute was motivated by fact he was policeman. 		Criminal Law and Procedure Jun. 3, 1999
People v. Gulaya
Medical doctor's conviction for unlawful fee splitting cannot stand absent specific intent jury instruction. 		Criminal Law and Procedure Jun. 3, 1999
People v. Garcia
Striking prior convictions for some, but not all, of sentencing counts doesn't constitute unauthorized sentence. 		Criminal Law and Procedure Jun. 3, 1999
People v. Ward
Statute prohibiting defendant from assaulting mother of defendant's child isn't violated by assault on pregnant ex-girlfriend. 		Criminal Law and Procedure Jun. 3, 1999
People v. Wood
Felonies can't be reduced to misdemeanors if prison sentence was imposed before probation was granted. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Bailey
Near identity of state statute and federal Guidelines permits base offense level increase for state conviction. 		Criminal Law and Procedure Jun. 3, 1999
Smith v. Stewart
Failure to present available mitigating evidence during penalty phase is prejudicially ineffective assistance of counsel. 		Criminal Law and Procedure Jun. 3, 1999
Pennsylvania Board of Probation and Parole v. Scott
Exclusionary rule doesn't apply to parole revocation hearings. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Doe
Under special circumstances, failure to notify parents of juvenile's miranda rights while in custody constitutes 'harmless error.' 		Criminal Law and Procedure Jun. 3, 1999
Augustine v. Superior Court (People)
Trial court can order destruction of exhibits pursuant to statute over objections of defendants. 		Criminal Law and Procedure Jun. 3, 1999
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Jose Lombera-Camorlinga
Alien must show 'prejudice' by custom agent's failure to inform him of his right to contact his consular after arrest under Vienna Convention on Consular Relations Treaty. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Rodriguez-Lopez
Enhancements for a 'criminal conviction' under U.S. Sentencing Guidelines include prior felony immigration convictions. 		Criminal Law and Procedure Jun. 3, 1999
People v. Chicanti
Unmarked police car's activated light and siren can be substantial evidence of distinctive marking for charge of evading police officer. 		Criminal Law and Procedure Jun. 3, 1999
People v. Thurston
Jury instruction on spousal battery is correctly given as general intent crime. 		Criminal Law and Procedure Jun. 3, 1999
People v. Leng
Prior juvenile adjudication that isn't serious or violent felony can't be used to impose second 'strike' sentence. 		Criminal Law and Procedure Jun. 3, 1999
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal. 		Criminal Law and Procedure Jun. 3, 1999
People v. Checketts
Parent is liable for false imprisonment of child when confinement is done with intent to endanger the health and safety of the child. 		Criminal Law and Procedure Jun. 3, 1999
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