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In re Polk
3-year commitment to mental hospital after finding defendant is incompetent to stand trial applies to aggregate of all commitments under same charges.
Criminal Law and Procedure Jun. 3, 1999
People v. Barella
Defendant doesn't have to be advised of parole eligibility, including longer sentence under three strikes law, prior to guilty plea.
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. Tran
Defendant cannot be sentenced to consecutive life terms in order to double minimum term of imprisonment.
Criminal Law and Procedure Jun. 3, 1999
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause.
Criminal Law and Procedure Jun. 3, 1999
People v. Wright
DNA evidence from polymerase chain reaction matching technique satisfies standard for general scientific acceptance and admissibility.
Criminal Law and Procedure Jun. 3, 1999
People v. James
Manufacture of methamphetamine is inherently dangerous felony for purposes of second degree felony-murder rule.
Criminal Law and Procedure Jun. 3, 1999
People v. Thongvilay
Felony murder doctrine applies when defendants cause auto accident death while driving away from committing burglary.
Criminal Law and Procedure Jun. 3, 1999
People v. Castorena
Facts exceeding those necessary to establish gross negligence can be used to impose upper prison term.
Criminal Law and Procedure Jun. 2, 1999
Poland v. Stewart
State high court ruling on pecuniary gain aggravating circumstance isn't unforeseeable statutory judicial enlargement.
Criminal Law and Procedure Jun. 2, 1999
U.S. v. Keen
Colloquy between judge and defendant doesn't satisfy required explanation of pitfalls of self-representation.
Criminal Law and Procedure Jun. 2, 1999
State v. Wagner
Judge's sentencing function is subject to analysis under vagueness doctrine and lack of sentencing guidelines in non-capital proceeding doesn't violate due process.
Criminal Law and Procedure Jun. 2, 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. 2, 1999
People v. Frazier
A penal code section that extends the statute of limitations on child molestation crimes is not unconstitutional per se.
Criminal Law and Procedure Jun. 2, 1999
People v. Johnson
Narrative form of testimony is best choice when attorney fears client will commit perjury.
Criminal Law and Procedure Jun. 1, 1999
Poland v. Stewart
Aggravating factors guide sentencer and aren't intended to give notice to defendant of risky conduct.
Criminal Law and Procedure Jun. 1, 1999
U.S. v. Luna-Madellaga
Sentencing court isn't required to calculate hypothetical sentence before sentencing defendant under undischarged term of imprisonment.
Criminal Law and Procedure Jun. 1, 1999
Almendarez-Torres v. United States
Federal government doesn't need to charge earlier convictions in an indictment for sentence enhancements.
Criminal Law and Procedure Jun. 1, 1999
Ohio Adult Parole Authority v. Woodard
Option of voluntary participation in clemency process doesn't violate privilege against self-incrimination.
Criminal Law and Procedure Jun. 1, 1999
U.S. v. Contreras
Giving information to probation officer doesn't satisfy Guidelines' 'Safety Valve' provision requiring giving information to government.
Criminal Law and Procedure Jun. 1, 1999
U.S. v. Contreras
Giving information to probation officer doesn't satisfy Guidelines' 'Safety Valve' provision requiring giving information to government.
Criminal Law and Procedure Jun. 1, 1999
People v. Sanchez
No error in failing to instruct jury that participation in endless chain isn't Penal Code violation.
Criminal Law and Procedure Jun. 1, 1999
People v. Encinas
Failure to prove assault on officer was with deadly weapon prevents it from being considered 'strike.'
Criminal Law and Procedure Jun. 1, 1999
People v. Reed
Attorney's failure to inform defendant about sentence credit limitations before plea isn't constitutionally inadequate representation.
Criminal Law and Procedure Jun. 1, 1999
People v. Brown
Police can run warrant check during valid traffic stop and question detainee regarding probation status.
Criminal Law and Procedure Jun. 1, 1999
U.S. v. James
No abuse of discretion to exclude defendant's evidence of victim's prior violent acts.
Criminal Law and Procedure Jun. 1, 1999
People v. Branscombe
Defendant's statements taken in deliberate violation of 'Miranda' can be introduced as rebuttal evidence.
Criminal Law and Procedure Jun. 1, 1999
People v. Chatman
Routine screening questions in jail about arrestee's current drug use is permissible under Miranda exception
Criminal Law and Procedure Jun. 1, 1999
People v. Chatman
Routine screening questions in jail about arrestee's current drug use is permissible under Miranda exception
Criminal Law and Procedure Jun. 1, 1999
Jones v. U.S.
Certiorari granted
Criminal Law and Procedure Jun. 1, 1999