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Case #	Name	Category	Court	Judge	Published
96-70039	Calderon v. U.S. District Court (Hill) Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery.	Criminal Law and Procedure			Jul. 9, 1999
95-50369	U.S. v. Bancalari Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping.	Criminal Law and Procedure			Jul. 9, 1999
S059576	People v. Rusco Simple possession charge is lesser included offense to possession of some marijuana for sale.	Criminal Law and Procedure			Jul. 9, 1999
B101822	People v. Adames Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment.	Criminal Law and Procedure			Jul. 9, 1999
F025107	People v. Gallegos Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges.	Criminal Law and Procedure			Jul. 9, 1999
E018537	People v. Ritter Removal and search of fanny pack belonging to man detained but not arrested is permissible.	Criminal Law and Procedure			Jul. 9, 1999
S055184	People v. Tello Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed.	Criminal Law and Procedure			Jul. 9, 1999
93-99015	Villafuerte v. Stewart Trial court doesn't err by not giving lesser included instruction in felony murder trial.	Criminal Law and Procedure			Jul. 9, 1999
95-10033	U.S. v. Miguel Sequestered defendant must have contemporaneous electronic communication with counsel during taped deposition of child abuse victim.	Criminal Law and Procedure			Jul. 9, 1999
96-10190	U.S. v. Padilla Non-driver's status as coconspirator with car's owner does not confer standing to challenge police search.	Criminal Law and Procedure			Jul. 9, 1999
94-50292 and 95-50215	U.S. v. Amlani Disparagement of defense counsel by government resulting in obtaining new lawyer is Sixth Amendment violation.	Criminal Law and Procedure			Jul. 9, 1999
94-10040	U.S. v. Putra Court can consider acquitted conduct at sentencing if it finds conduct true by preponderance of evidence.	Criminal Law and Procedure			Jul. 8, 1999
97-7086	Foster v. Ward Attorneys failure to present alibi evidence corroborating defendants testimony isnt ineffective assistance.	Criminal Law and Procedure			Jul. 8, 1999
92-1403	Duncan v. Calderon Anti-Terrorism and Effective Death Penalty Act applies retroactively to capital defendant's pending habeas petition.	Criminal Law and Procedure			Jul. 8, 1999
94-55990	Mitchell v. Prunty Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction.	Criminal Law and Procedure			Jul. 8, 1999
A071418	People v. Soto Claims of sentencing error are waived if specific objections aren't made at time of hearing.	Criminal Law and Procedure			Jul. 8, 1999
A071295	People v. Nichols Court isn't required to instruct on the power of jury nullification, even if jury asks.	Criminal Law and Procedure			Jul. 8, 1999
E017326	People v. Crone Failure to instruct on significance of reasonable doubt in choice between greater and lesser offenses is harmless.	Criminal Law and Procedure			Jul. 8, 1999
95-50181	U.S. v. Hernandez Felon firearm conviction is overturned after admission of unredacted felony judgment despite stipulation offer.	Criminal Law and Procedure			Jul. 7, 1999
96-10081	U.S. v. Sotelo Defendant's belief in sole allegiance to U.S. doesn't establish 'national' status as opposed to alien status.	Criminal Law and Procedure			Jul. 7, 1999
S060180	People v. Woodell Trial court can consider appellate record in determining existence and nature of defendant's prior conviction.	Criminal Law and Procedure			Jul. 7, 1999
98-15932	Hart v. Gomez Failure of defense attorney to introduce records corroborating possible biased defense witness' uncorroborated testimony is ineffective assistance of counsel.	Criminal Law and Procedure			Jul. 7, 1999
98-50226	U.S. v. Phillips Restitution cannot be ordered based on counts dropped pursuant to plea bargain unless payment is specifically part of plea agreement.	Criminal Law and Procedure			Jul. 7, 1999
B118546	People v. Lewis Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility.	Criminal Law and Procedure			Jul. 7, 1999
B116141	People v. Allen No error admitting DNA evidence obtained by short tandem repeats polymerase chain reaction testing nor in finding tests are 'generally accepted in scientific community.'	Criminal Law and Procedure			Jul. 7, 1999
C030442	People v. Diller Prior juvenile adjudication that's violent offense under Penal Code, but not listed in Welfare and Institutions Code, doesn't qualify as strike.	Criminal Law and Procedure			Jul. 7, 1999
G020930 G020930	People v. Chutan Defendant's confession, made during investigation of child abuse allegations, doesn't need to be suppressed for failure to give advisement of rights.	Criminal Law and Procedure			Jul. 7, 1999
F028298	People v. Lyons No error in failure to reduce defendant's firearm-use sentence enhancements to one-third the middle term under consecutive term limitation statute.	Criminal Law and Procedure			Jul. 7, 1999
G022388	People v. Mejia Defendant fleeing from car is guilty of firearm possession within school zone, if car is partially within zone.	Criminal Law and Procedure			Jul. 7, 1999
B099627	People v. Ervin Law prescribing greater punishment for robbery at automatic teller machine isn't unconstitutionally vague.	Criminal Law and Procedure			Jul. 7, 1999