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People v. Superior Court (Roam)
Prior to sentencing, convicted 'Three Strikes' defendant can't be released on supervised own recognizance to attend drug rehabilitation.
Criminal Law and Procedure Mar. 29, 1999
People v. Terrell
Sentencing court erred when it failed to impose parole revocation fine and statutory assessments against defendant.
Criminal Law and Procedure Mar. 29, 1999
In re Pratt
Habeas corpus properly granted where trial judge's factual resolutions of evidentiary conflicts supported by substantial evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Ellis
Harmless error not to provide amplifying instructions defining speeding where giving instruction for felony driving under the influence.
Criminal Law and Procedure Mar. 29, 1999
People v. Garcia
Defendant can be convicted under provocative-act theory of murder even if murder was committed by accomplice.
Criminal Law and Procedure Mar. 29, 1999
Mardesich v. California Youthful Offender Parole Board
Trial court must exercise independent review over California Youthful Offender Parole Board's decision to transfer individual out of California Youth Authority.
Criminal Law and Procedure Mar. 29, 1999
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing.
Criminal Law and Procedure Mar. 29, 1999
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing.
Criminal Law and Procedure Mar. 29, 1999
People v. Fernandez
Failure to meet notice requirement of Mentally Disordered Offender statute doesn't result in automatic release of prisoner.
Criminal Law and Procedure Mar. 29, 1999
People v. West
Insufficient proof of defendant having received two prior determinate sentences for sexually violent offenses, precludes finding that defendant is sexual violent predator.
Criminal Law and Procedure Mar. 29, 1999
People v. Goslar
Vehicular manslaughter statute with different blood alcohol levels required for conviction depending on individual's age isn't void for vagueness.
Criminal Law and Procedure Mar. 29, 1999
People v. Parra
Proof of intent to sell illegal drugs doesn't require defendant to have intent to sell personally, only intent that drugs are sold.
Criminal Law and Procedure Mar. 29, 1999
People v. Wilborn
Failure of court to question prospective jurors regarding racial bias deprives defendant of a fair and impartial jury.
Criminal Law and Procedure Mar. 29, 1999
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted.
Criminal Law and Procedure Mar. 29, 1999
People v. Rangel
Ordering a diagnostic evaluation by the California Youth Authority, for sentencing purposes, is within trial court's discretion.
Criminal Law and Procedure Mar. 29, 1999
People v. Felix
Truth in Evidence Clause doesn't abrogate Evidence Code's criteria for the admission of character evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Lavaie
Simply being missing isn't sufficient evidence to support prison escape conviction, even though it's sufficient to find prison rule violation.
Criminal Law and Procedure Mar. 29, 1999
People v. Mercer
Evidence sufficient to establish defendant as sexually violent predator when fact-finder determines defendant will re-offend.
Criminal Law and Procedure Mar. 29, 1999
Millsap v. Superior Court (People)
Although entire office need not be recused, particular Deputy District Attorneys, who defendant targeted in murder solicitation, must be recused.
Criminal Law and Procedure Mar. 29, 1999
People v. Lee
Reversal of conviction is improper where failure to inform jury about misdemeanor manslaughter version of involuntary manslaughter favors defendant.
Criminal Law and Procedure Mar. 29, 1999
People v. Douglas
Appeal that's unrelated to probation order is procedurally proper if there's no threat to defendant's probation.
Criminal Law and Procedure Mar. 29, 1999
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted.
Criminal Law and Procedure Mar. 29, 1999
Major v. Klinger
Order
Criminal Law and Procedure Mar. 29, 1999
Schroder v. Schlatter
Order
Criminal Law and Procedure Mar. 29, 1999
Buritica v. United States
Incentive program rewarding Customs agents who seize drugs may be unconstitutional.
Criminal Law and Procedure Mar. 29, 1999
People v. Yarborough
Prior child molestation conviction is both substantive element of current crime and a 'strike.'
Criminal Law and Procedure Mar. 29, 1999
People v. Rodarte
Making terrorist threats is crime of force or violence under mentally disordered offender statute.
Criminal Law and Procedure Mar. 29, 1999
People v. Burks
Scientific community generally accepts the modified ceiling approach in RELP analysis of DNA evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Bolin
Counsel doesn't render ineffective assistance in capital case by failing to renew venue motion after voir dire.
Criminal Law and Procedure Mar. 29, 1999
Robbins v. Smith
District courts must rule on all habeas petition claims, even if petition granted on one claim.
Criminal Law and Procedure Mar. 29, 1999