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Name Category Published
Nino v. Galaza
Attempting to exhaust state court remedies after death-penalty conviction tolls one-year limitation on federal habeas corpus relief. 		Criminal Law and Procedure Oct. 22, 1999
People v. Montes
Use of a thick chain in a manner intended to cause maximum injury constitutes assault with a deadly weapon. 		Criminal Law and Procedure Oct. 22, 1999
People v. American Contractors Indemnity
Surety's motion to set aside bail forfeiture, on the ground that defendant was located in another country, requires 15 days notice. 		Criminal Law and Procedure Oct. 22, 1999
In re Kirk
Trial court improperly considers noncertified psychological evaluations in making Sexually Violent Predator determination. 		Criminal Law and Procedure Oct. 22, 1999
People v. Soto
Trial court lacks discretion to reduce sentence from first-degree murder to voluntary manslaughter when evidence could not support manslaughter conviction. 		Criminal Law and Procedure Oct. 22, 1999
People v. Pena
Firearm inside a toolbox in the bed of a pickup truck is not in 'immediate personal possession' of driver. 		Criminal Law and Procedure Oct. 22, 1999
People v. Buffington
No equal protection violation exists in evidentiary standards or psychological treatment under Sexually Violent Predators Act. 		Criminal Law and Procedure Oct. 22, 1999
County of Los Angeles v. Taylor Billingslea Bail Bonds
Trial court may extend period to vacate bond forfeiture only for total of 180 days. 		Criminal Law and Procedure Oct. 22, 1999
People v. Valenzuela
Pretextual stop of taxicab, ostensibly done to inspect it pursuant to a city ordinance, violates the Fourth Amendment. 		Criminal Law and Procedure Oct. 22, 1999
People v. Smithey
Repeated questioning of defendant's psychiatric expert as to whether defendant had the requisite intent did not amount to prosecutorial misconduct. 		Criminal Law and Procedure Oct. 22, 1999
People v. Hale
For a torture conviction, intent to cause cruel or extreme pain may be demonstrated through circumstantial evidence. 		Criminal Law and Procedure Oct. 22, 1999
People v. Moore
Statute requiring kidnapping victim abducted during the commission of carjacking to be moved 'a substantial distance from the vicinity' isn't unconstitutionally vague. 		Criminal Law and Procedure Oct. 22, 1999
People v. Rowland
Defendant is only subject to a single conviction, despite being in possession of more than one illegal weapon at the same time. 		Criminal Law and Procedure Oct. 22, 1999
People v. Van Winkle
Lower burden of proof as to previous sex offenses, to show predisposition, doesn't unconstitutionally lessen state's burden. 		Criminal Law and Procedure Oct. 22, 1999
People v. Felarca
Sex offender registration requirement for oral copulation with a minor, but not for statutory rape, is deprivation of equal protection. 		Criminal Law and Procedure Oct. 21, 1999
People v. Hunt
Court-martial conviction in Germany isn't a conviction 'in another state' for Sexually Violent Predators Act purposes. 		Criminal Law and Procedure Oct. 21, 1999
Alt v. Superior Court (People)
Personnel records of police officer not present during arrest or before booking are discoverable unless discovery relates to arrest or prebooking conduct. 		Criminal Law and Procedure Oct. 21, 1999
In re Bode
There is no 30-day deadline for providing life prisoners with transcripts of their parole hearings. 		Criminal Law and Procedure Oct. 21, 1999
People v. Rusco
Simple possession charge is lesser included offense to possession of same marijuana for sale. 		Criminal Law and Procedure Oct. 20, 1999
Parretti v. U.S.
Government must establish intentional extraditee is flight risk to justify no-bail detention pending extradition hearing. 		Criminal Law and Procedure Oct. 20, 1999
Mack v. Cruikshank
Defendants charged with two counts of driving while under the influence warrants dismissal of one count after breathalyzer test is found defective. 		Criminal Law and Procedure Oct. 19, 1999
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. 		Criminal Law and Procedure Oct. 18, 1999
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. 		Criminal Law and Procedure Oct. 14, 1999
People v. Rizo
When the crime charged can't be committed due to factual impossibility, then defendant can only be convicted of attempt. 		Criminal Law and Procedure Oct. 14, 1999
People v. Mendoza
Failure of jury verdict to specify convictions are for first degree murder is harmless error. 		Criminal Law and Procedure Oct. 13, 1999
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury. 		Criminal Law and Procedure Oct. 13, 1999
State v. Saiers
Trial court isn't required to give instruction on the consequences of a guilty-except-insane verdict. 		Criminal Law and Procedure Oct. 13, 1999
Pogue v. Ratelle
Plea agreement regarding property found in defendant's car doesn't bar robbery charges for unrelated crimes. 		Criminal Law and Procedure Oct. 13, 1999
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. 		Criminal Law and Procedure Oct. 13, 1999
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. 		Criminal Law and Procedure Oct. 13, 1999
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