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Name Category Published
People v. Beltran
Great bodily injury sentence enhancement is not applicable when great bodily injury is element of underlying felony. 		Criminal Law and Procedure Aug. 31, 2000
People v. Brown
Jury instruction that 'possession of contraband is not unlawful if possession is solely for purpose of disposal' does not apply to incarcerated inmates. 		Criminal Law and Procedure Aug. 31, 2000
People v. Perez
Confrontation clause is not violated when witness testifies she cannot recall events and prior contrary statements are admitted. 		Criminal Law and Procedure Aug. 31, 2000
U.S. v. Mezas de Jesus
Clear and convincing evidence standard applies when sentence enhancement is based on uncharged offense. 		Criminal Law and Procedure Aug. 31, 2000
Lajoie v. Thompson
Sixth Amendment right to confrontation and compulsory process is violated when evidence of minor victim's prior sexual abuse by others is disallowed. 		Criminal Law and Procedure Aug. 31, 2000
U.S. v. Granville
Evidence discovered by officers who violated 'knock and announce' statute by prematurely breaking down suspect's door should be suppressed. 		Criminal Law and Procedure Aug. 31, 2000
In re Rodriguez
Counsel's motion to withdraw guilty plea, causing enhanced sentencing, is not ineffective assistance when court could vacate plea on its own. 		Criminal Law and Procedure Aug. 31, 2000
State v. Thompson
Prior felony convictions are not 'historical prior felonies' when accused is not sentenced on priors before commit-ting present offense. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Ceron-Sanchez
Aggravated felony qualifies as crime of violence for purpose of increasing base level offense in sentencing convicted illegal alien. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Andra
Tax liabilities of individuals advised to illegally evade tax assessment and collection are properly included in calculation of tax loss for sentencing purposes. 		Criminal Law and Procedure Aug. 30, 2000
Shane B., a Minor.
Prohibition against retroactive application of law does not apply when law is purely procedural. 		Criminal Law and Procedure Aug. 30, 2000
People v. Rathert
Review granted 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Poehlman
Government entraps one who is not predisposed to engaging in sex with minors when government induces person through protracted, aggressive e-mail. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Campos
Unstipulated polygraph evidence concerning defendant's mental state is inadmissible when it involves ultimate issue of mens rea. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Benavidez
If unstipulated polygraph evidence is more prejudicial than probative and without further evidentiary analysis, it is properly excluded. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Smith
Court's refusal to give jury instruction regarding the defense theory and prosecutor's misstatement of law is grounds for reversal. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Williams
Court may consider actions as relevant for sentencing purposes that my be barred from prosecution under the statute of limitations. 		Criminal Law and Procedure Aug. 30, 2000
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial. 		Criminal Law and Procedure Aug. 30, 2000
People v. Matelski
Warrant to search for contraband founded on probable cause implicitly carries with it limited authority to detain occupants of premises while proper search is conducted. 		Criminal Law and Procedure Aug. 30, 2000
People v. Frawley
Dismissal of a prior conviction is not an expungement and doesn't prevent ex-felon from being prosecuted for possession of nonconcealable firearm. 		Criminal Law and Procedure Aug. 30, 2000
People v. Brown
Jury instruction that 'possession of contraband is not unlawful if possession is solely for purpose of disposal' does not apply to incarcerated inmates. 		Criminal Law and Procedure Aug. 30, 2000
People v. Downey Jr.
Trial court may deny reinstatement of probation so long as decision does not exceed the bounds of reason. 		Criminal Law and Procedure Aug. 30, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing. 		Criminal Law and Procedure Aug. 30, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing. 		Criminal Law and Procedure Aug. 30, 2000
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.' 		Criminal Law and Procedure Aug. 30, 2000
Stroud v. Superior Court (People)
Magistrate's one-day absence from preliminary examination to attend Judicial Council meeting is not grounds to dismiss a complaint. 		Criminal Law and Procedure Aug. 30, 2000
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines. 		Criminal Law and Procedure Aug. 30, 2000
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines. 		Criminal Law and Procedure Aug. 30, 2000
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer. 		Criminal Law and Procedure Aug. 30, 2000
U.S. v. Alatorre
Separate hearing outside presence of jury to asses relevance and reliability of expert testimony is not required. 		Criminal Law and Procedure Aug. 29, 2000
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