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Name Category Published
People v. Jimenez
Multiple counts of forcible sodomy with person under 14 years old requires consecutive sentencing under Penal Code. 		Criminal Law and Procedure Jun. 1, 2000
James G. v. Superior Court (People)
Superior court has standing to defend validity of its order and may be represented by county counsel in proceeding. 		Criminal Law and Procedure Jun. 1, 2000
People v. Paz
Reasonable, good faith mistake about victim's age is not defense to charge of lewd acts upon 14-year-old. 		Criminal Law and Procedure Jun. 1, 2000
People v. Rodriguez
Judgment may be corrected on appeal to reflect mandatory parole revocation fine even though state fails to timely object to court's ommission. 		Criminal Law and Procedure Jun. 1, 2000
In re Rosenkrantz
Evidence is insufficient to support prison board's finding that defendant is unsuitable for parole. 		Criminal Law and Procedure Jun. 1, 2000
People v. Saephanh
Liability for solicitation of murder may not attach where evidence demonstrates that intended recipient never received solicitation. 		Criminal Law and Procedure Jun. 1, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise. 		Criminal Law and Procedure Jun. 1, 2000
People v. Choi
Motion to recuse district attorney requires evidence demonstrating conflict of interest rendering it unlikely that defendant will receive fair trial. 		Criminal Law and Procedure Jun. 1, 2000
Griego v. Superior Court (People)
In civil proceeding, prosecution is bound by promise of transactional immunity and cannot pursue uncharged criminal acts against deponent. 		Criminal Law and Procedure Jun. 1, 2000
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists. 		Criminal Law and Procedure Jun. 1, 2000
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14. 		Criminal Law and Procedure Jun. 1, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise. 		Criminal Law and Procedure May 25, 2000
U.S. v. Cherry
Accused who caused witness's unavailability is deemed to have waived confrontation and hearsay objections. 		Criminal Law and Procedure May 24, 2000
Van Woudenberg v. Gibson
Procedural due process claim is rejected when no evidence establishes doubt about accused's competence to stand trial. 		Criminal Law and Procedure May 24, 2000
U.S. v. Marquez-Gallegos
Accused is ineligible for downward departure when sentence for previous conviction exceeds one year. 		Criminal Law and Procedure May 24, 2000
Mayes v. Gibson
Defendant is entitled to evidentiary hearing on issue of ineffective assistance of counsel if his allegations are consistent with habeas relief. 		Criminal Law and Procedure May 24, 2000
State v. Martinez
Court does not commute death sentence of convicted cop killer in automatic appeal. 		Criminal Law and Procedure May 24, 2000
Bey v. Keating
Order 		Criminal Law and Procedure May 24, 2000
Szymanski v. Bufalino
Order 		Criminal Law and Procedure May 24, 2000
Johnson v. U.S.
District court has authority to order terms of release following reimprisonment. 		Criminal Law and Procedure May 24, 2000
U.S. v. Pearson
Sentencing enhancement for robbery and separate conduct of restraining individual during robbery is proper despite conviction for possession of firearm. 		Criminal Law and Procedure May 17, 2000
James v. Gibson
Defendant's failure to demonstrate bona fide doubt as to his competency justifies court's denial of competency hearing. 		Criminal Law and Procedure May 17, 2000
State v. Talmadge
Exclusion of corroborating expert witness testimony that could lead to meaningful exculpatory evidence is reversible error. 		Criminal Law and Procedure May 17, 2000
U.S. v. Hunt
Double Jeopardy Clause bars postacquital appeal by prosecution if reversal would lead to second trial or reconsideration of charges. 		Criminal Law and Procedure May 17, 2000
State v. Adams
Reasonable expectation of privacy exists in personal residence maintained on business premises. 		Criminal Law and Procedure May 17, 2000
U.S. v. Currier
Order 		Criminal Law and Procedure May 17, 2000
People v. Peoples
Jury instruction for first-degree criminal trespass must require finding that defendant entered the dwelling of another. 		Criminal Law and Procedure May 17, 2000
Washington v. Atherton
Inmates due process rights not violated where he was given notice and an impartial hearing. 		Criminal Law and Procedure May 17, 2000
People v. Harper
Amendment to certificate of rehabilitation process does not violate ex post facto clause because it is administrative, not punitive mechanism. 		Criminal Law and Procedure May 11, 2000
People v. Zaragoza
Defendant convicted of killing child is entitled to conduct credits of 15 percent of the days actually served in custody before sentencing. 		Criminal Law and Procedure May 11, 2000
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