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Name Category Published
People v. Scott
Circumstantial evidence may be used to draw inference that the only person in vicinity of the car was its driver. 		Criminal Law and Procedure Dec. 30, 1999
People v. Henderson
Pit bulls may be considered a "deadly weapon." 		Criminal Law and Procedure Dec. 30, 1999
Sanders v. Superior Court (People)
Accused, whose conviction on one charge is reversed, may not be tried for new charges based on same evidence. 		Criminal Law and Procedure Dec. 30, 1999
People v. Carpenter
Evidence considered by jury regarding murder of hikers on remote path, allegedly committed by defendant, sufficiently supports jury's death penalty verdict. 		Criminal Law and Procedure Dec. 30, 1999
People v. Ranger Insurance Co.
Recent amendment in Penal statute, requiring a bail bond forfeiture to be declared in open court, does not apply retroactively. 		Criminal Law and Procedure Dec. 30, 1999
People v. Alvarado
Carjacking, rather than attempted carjacking, exists when defendant has possession of vehicle and carries it away, however slight the movement. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Valdez
One-year limitations period, for statute allowing habeas review based on newly recognized right, runs from date new right becomes retroactive. 		Criminal Law and Procedure Dec. 30, 1999
U.S v. Cordoba
District court's refusal to admit results of unstipulated polygraph examination, pursuant to the Federal Rules of Evidence, isn't an abuse of discretion. 		Criminal Law and Procedure Dec. 30, 1999
People v. Ewing
'Harass,' as used in stalking statute, is not unconstitutionally vague. 		Criminal Law and Procedure Dec. 30, 1999
People v. Tufunga
'Claim of right' defense is no longer available as defense to robberies perpetrated to satisfy, settle or collect on a debt. 		Criminal Law and Procedure Dec. 30, 1999
Rivera v. Pugh
Double jeopardy isn't violated when defendant is prosecuted for refusing to take blood-alcohol test after driver's license revoked for same refusal. 		Criminal Law and Procedure Dec. 30, 1999
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Salvador-Rodriguez
Order 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched. 		Criminal Law and Procedure Dec. 30, 1999
Durdines v. Superior Court (People)
When defendant claims ineffective assistance of counsel, attorney need not explain his behavior before the issuance of writ of habeas corpus. 		Criminal Law and Procedure Dec. 30, 1999
People v. Zermeno
Assault by gang member, and aiding by fellow gang member, is only single offense for Street Terrorism Enforcement and Prevention Act purposes. 		Criminal Law and Procedure Dec. 30, 1999
People v. Balestra
Consent to warrantless searches is a reasonable term of probation for an elder-abuse conviction. 		Criminal Law and Procedure Dec. 30, 1999
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Clark
State prohibition of practicing law without a license is assimilated into federal law under the Assimilative Crimes Act. 		Criminal Law and Procedure Dec. 30, 1999
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter. 		Criminal Law and Procedure Dec. 30, 1999
People v. Suon
Withdrawal of guilty plea, on ground that court failed to advise defendant of possible adverse immigration consequences, requires proof of noncitizenship. 		Criminal Law and Procedure Dec. 30, 1999
Spivey v. Rocha
Aider and abettor is required to have intent to encourage criminal activity, but needn't share perpetrator's intent to commit that specific offense. 		Criminal Law and Procedure Dec. 30, 1999
Ortiz v. Stewart
No habeas relief, pursuant to Antiterrorism and Effective Death Penalty Act, permissible when state only recently establishes mechanism for appointing postconviction counsel. 		Criminal Law and Procedure Dec. 30, 1999
Duhaime v. Ducharme
Under Antiterrorism and Effective Death Penalty Act, life imprisonment without parole if defendant pleads not guilty and later convicted, is not unconstitutional. 		Criminal Law and Procedure Dec. 30, 1999
In re 2659 Roundhill Dr.
Purchase of privately foreclosed real property bars government forfeiture claim when civil forfeiture proceeding was filed after recordation of trust deed. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Cruz-Guerrero
Involuntary manslaughter involving firearm is an aggravated felony for U.S. Sentencing Guideline purposes. 		Criminal Law and Procedure Dec. 30, 1999
Spicer v. Gregoire
Requiring defendant to prove consent was harmless error when state still had burden to prove that sexual intercourse occurred by 'forcible compulsion.' 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Esparza-Ponce
Petty theft is a crime of moral turpitude, which justifies deportation. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Gracidas-Ulibarry
Government must only show that illegal alien had general intent to re-enter states without authorized consent. 		Criminal Law and Procedure Dec. 30, 1999
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