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Name Category Published
People v. Sherrod
No error in granting new trial if court erroneously refuses to continue original trial. 		Criminal Law and Procedure Jun. 4, 1999
Rash v. Lungren
Individual with misdemeanor conviction for assault with firearm can be permanently banned from possessing weapon. 		Criminal Law and Procedure Jun. 4, 1999
People v. Thompson
After pleading guilty to prior allegations, failure to admit they were serious isn't grounds for dismissal. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Perez
Loading gun constitutes 'active employment' of firearm in crime of using firearm during drug trafficking. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Houser
In federal homicide prosecution, absent mitigating circumstances, malice aforethought can be inferred from deadly weapon use. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Johnson
Federal sentencing guideline for embezzlement that 'affects' a financial institution is not unconstitutionally vague. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Cyphers
To enhance defendant's sentence for leadership role, supervised persons need not have participated in conviction offense. 		Criminal Law and Procedure Jun. 4, 1999
People v. Landa
Court must hold in camera hearing to determine admissibility of officer's testimony once he claims privilege. 		Criminal Law and Procedure Jun. 4, 1999
People v. Mendoza
Where two offenses are incidental to one objective the second conviction's sentence must be stayed. 		Criminal Law and Procedure Jun. 4, 1999
People v. Olea
Defendant needn't register as sex offender where registration not included as part of plea bargain. 		Criminal Law and Procedure Jun. 4, 1999
Neal v. Shimoda
Parole eligibility can be predicated on completing sex-offender treatment program enacted after underlying offense. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. 		Criminal Law and Procedure Jun. 4, 1999
Bowers v. Superior Court of Nevada County (People)
All purpose assignment rule renders judicial challenge in superior court untimely. 		Criminal Law and Procedure Jun. 4, 1999
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
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