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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
Roberts v. Ward
Order
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Ortiz-Aparicio
Order
Criminal Law and Procedure Mar. 26, 1999
Rineer v. Leonardo
Person isn't subject to the Sexually Violent Predators statutes if he hasn't committed one of the predicate offenses.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Douglas
Gratuities scheme by corporation located in Northern California doesn't support venue in Northern District.
Criminal Law and Procedure Mar. 26, 1999
Canales v. Roe
No presumed prejudice from counsel's failure to file notice of appeal where petitioner was notified and did nothing.
Criminal Law and Procedure Mar. 26, 1999
People v. Martinez
No jurisdictional error in not imposing drug program fee against defendant, but laboratory analysis fee is excessive.
Criminal Law and Procedure Mar. 26, 1999
Carr on Habeas Corpus
Fifteen percent limit on pre-probation and sentence conduct credits doesn't apply when probation is granted.
Criminal Law and Procedure Mar. 26, 1999
Ensoniq Corp. v. Superior Court (Dattoro)
Items seized from individual must be returned after charges dropped despite competing civil ownership claim.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation.
Criminal Law and Procedure Mar. 26, 1999