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Name Category Published
U.S. v. Michael
Cellular phone can qualify as dangerous weapon when brandished as if it were a gun.
Criminal Law and Procedure Oct. 4, 2000
People v. Rathert
False impersonation requires commission of act that might result in liability or benefit; consequences of impersonating need not be intended or foreseen.
Criminal Law and Procedure Oct. 4, 2000
People v. Silva
Review granted
Criminal Law and Procedure Oct. 3, 2000
People v. Tindall
Order
Criminal Law and Procedure Oct. 3, 2000
State v. Donald
Counsel's failure to inform client of benefits of accepting plea bargain may constitute ineffective assistance of counsel.
Criminal Law and Procedure Oct. 3, 2000
State v. Lopez
When driver arrested, police can search passenger's pants pockets found in backpack, even in absence of weapons or evidence of suspected offense.
Criminal Law and Procedure Oct. 3, 2000
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder.
Criminal Law and Procedure Oct. 3, 2000
People v. Smith
Order
Criminal Law and Procedure Oct. 3, 2000
People v. Rivera
Re-publication
Criminal Law and Procedure Oct. 3, 2000
People v. Thammavong
Review granted
Criminal Law and Procedure Oct. 3, 2000
People v. Watts
Review granted
Criminal Law and Procedure Oct. 3, 2000
People v. Reyes
Police ruse invalidates defendant's subsequent consent to search his person.
Criminal Law and Procedure Oct. 3, 2000
People v. Jeffries
Instruction permitting jury to consider sex offender's prior sexual offense is proper.
Criminal Law and Procedure Oct. 3, 2000
People v. Herrera
Existence of conspiracy may be proved by circumstantial evidence or inferred from conduct, relationship and activities of alleged conspirators.
Criminal Law and Procedure Oct. 3, 2000
People v. Phillips
Test that determines insanity of an accused is also standard by which to determine status as idiot.
Criminal Law and Procedure Oct. 3, 2000
People v. Steele
Brandishing firearm is not lesser included offense of assault with firearm and therefore needs no separate jury instruction.
Criminal Law and Procedure Oct. 3, 2000
People v. Mendoza
California Supreme Court upholds death penalty where defendant commits murder during commission of robbery, rape and arson.
Criminal Law and Procedure Oct. 3, 2000
People v. Hector
Minor's request to speak to his mother during police questioning does not invoke his Miranda rights.
Criminal Law and Procedure Oct. 3, 2000
People v. Lawrence
Consecutive sentences are not mandated under three strikes law if all current convictions committed on same occasion or arise from same set of operative facts.
Criminal Law and Procedure Oct. 3, 2000
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer.
Criminal Law and Procedure Oct. 3, 2000
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error.
Criminal Law and Procedure Oct. 3, 2000
U.S. v. Powell
Judge's rejection of dismissal for cause of jurors upheld because actual and implied bias not found.
Criminal Law and Procedure Oct. 3, 2000
Hale v. Gibson
Court of appeals denies writ of habeas corpus to convicted murderer and kidnapper sentenced to death.
Criminal Law and Procedure Oct. 3, 2000
U.S. v. Crowe
Order
Criminal Law and Procedure Oct. 3, 2000
People v. Montes
Review granted
Criminal Law and Procedure Oct. 2, 2000
People v. Kelley
Review granted
Criminal Law and Procedure Oct. 2, 2000
People v. McCoy
Review granted
Criminal Law and Procedure Oct. 2, 2000
U.S. v. Garcia-Guizar
District court's correction of calculating error that adds 33 months to original sentence is not vindictive or violative of due process.
Criminal Law and Procedure Oct. 2, 2000
U.S. v. Sager
Court errs by disallowing cross-examination of witness regarding investigatory details and not allowing jury to consider whether investigation was flawed.
Criminal Law and Procedure Oct. 2, 2000
U.S. v. Martin
Government's motion to reconsider sentence is timely if it is made before resentencing has occurred.
Criminal Law and Procedure Oct. 2, 2000