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Name Category Published
U.S. v. Bailey
Near identity of state statute and federal Guidelines permits base offense level increase for state conviction. 		Criminal Law and Procedure Jun. 3, 1999
Smith v. Stewart
Failure to present available mitigating evidence during penalty phase is prejudicially ineffective assistance of counsel. 		Criminal Law and Procedure Jun. 3, 1999
Pennsylvania Board of Probation and Parole v. Scott
Exclusionary rule doesn't apply to parole revocation hearings. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Doe
Under special circumstances, failure to notify parents of juvenile's miranda rights while in custody constitutes 'harmless error.' 		Criminal Law and Procedure Jun. 3, 1999
Augustine v. Superior Court (People)
Trial court can order destruction of exhibits pursuant to statute over objections of defendants. 		Criminal Law and Procedure Jun. 3, 1999
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Jose Lombera-Camorlinga
Alien must show 'prejudice' by custom agent's failure to inform him of his right to contact his consular after arrest under Vienna Convention on Consular Relations Treaty. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Rodriguez-Lopez
Enhancements for a 'criminal conviction' under U.S. Sentencing Guidelines include prior felony immigration convictions. 		Criminal Law and Procedure Jun. 3, 1999
People v. Chicanti
Unmarked police car's activated light and siren can be substantial evidence of distinctive marking for charge of evading police officer. 		Criminal Law and Procedure Jun. 3, 1999
People v. Thurston
Jury instruction on spousal battery is correctly given as general intent crime. 		Criminal Law and Procedure Jun. 3, 1999
People v. Leng
Prior juvenile adjudication that isn't serious or violent felony can't be used to impose second 'strike' sentence. 		Criminal Law and Procedure Jun. 3, 1999
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal. 		Criminal Law and Procedure Jun. 3, 1999
People v. Checketts
Parent is liable for false imprisonment of child when confinement is done with intent to endanger the health and safety of the child. 		Criminal Law and Procedure Jun. 3, 1999
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
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