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Name Category Published
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law. 		Criminal Law and Procedure Sep. 2, 1999
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes. 		Criminal Law and Procedure Sep. 2, 1999
People v. Bersamina
Instructing jury that it could conclude defendant molested child if it found by preponderance he committed prior sexual offense is grounds for reversal. 		Criminal Law and Procedure Sep. 2, 1999
People v. Superior Court (Lujan)
For lying-in-wait special circumstances allegation in murder case, the amount of time concealed must be 'substantial.' 		Criminal Law and Procedure Sep. 2, 1999
People v. Mosley
For 'Miranda' purposes, questioning a defendant while being transported in ambulance to hospital isn't custodial interrogation. 		Criminal Law and Procedure Sep. 2, 1999
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft. 		Criminal Law and Procedure Sep. 2, 1999
People v. Jefferson
Three strikes law requires doubling of minimum fifteen-year term for gang-member defendant with prior strike who was convicted of attempted murder. 		Criminal Law and Procedure Sep. 2, 1999
People v. Birkett
As insurers are not 'direct' crime victims, they don't have the right to receive restitution from convicted criminals. 		Criminal Law and Procedure Sep. 2, 1999
People v. Nguyen
For second-strike defendants convicted of multiple counts, one-third of middle term of consecutive determinate term is doubled. 		Criminal Law and Procedure Sep. 2, 1999
People v. Hart
Defendant who fails to challenge jurors for cause or through peremptory challenge isnt entitled to relief on appeal. 		Criminal Law and Procedure Aug. 26, 1999
People v. Garcia
Trial courts grant of leniency to defendant is error resulting in an unauthorized sentence. 		Criminal Law and Procedure Aug. 26, 1999
People v. Garcia
Prior juvenile adjudication not a 'strike' unless juvenile was adjudged ward of court for Welfare and Institutions Code Section 707(b) offense. 		Criminal Law and Procedure Aug. 26, 1999
U.S. v. Hanzlicek
Where defendant becomes a fugitive while his case is pending on appeal, state can invoke disentitlement doctrine to dismiss defendant's appeal with prejudice. 		Criminal Law and Procedure Aug. 17, 1999
Alvarado v. Superior Court (People)
Court can withhold identities from defense after determining from evidence witnesses face mortal danger. 		Criminal Law and Procedure Aug. 17, 1999
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law. 		Criminal Law and Procedure Aug. 12, 1999
State v. Galati (Petersen)
Trial court may not bifurcate trial by withholding guilty plea or stipulation to prior convictions that are elements of charged offense. 		Criminal Law and Procedure Aug. 11, 1999
State v. Thomas
Trial court is precluded from sentencing nonviolent offender to prison for probation violation. 		Criminal Law and Procedure Aug. 11, 1999
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. 		Criminal Law and Procedure Aug. 11, 1999
People v. Morante
Defendant's State-Based Orchestration of Drug Trafficking Establishes Jurisdiction But Conspiracy Conviction Conflicts With Law. 		Criminal Law and Procedure Aug. 10, 1999
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right. 		Criminal Law and Procedure Aug. 10, 1999
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution. 		Criminal Law and Procedure Aug. 10, 1999
People v. Tillis
Prosecutor's failure to provide discovery of defense expert's arrest for drug use is harmless error. 		Criminal Law and Procedure Aug. 10, 1999
U.S. v. Doe
Law requiring parental notification of juvenile's arrest doesn't apply to juveniles held by tribal authorities. 		Criminal Law and Procedure Aug. 9, 1999
U.S. v. Hanousek
The government doesn't have to prove criminal negligence in violation of Clean Water Act, only "ordinary' negligence is required. 		Criminal Law and Procedure Aug. 6, 1999
U.S. v. Kim
Additional jury instruction corrects erroneous instruction on entrapment stating defendant guilty if he was willing to commit crime before government contact. 		Criminal Law and Procedure Aug. 6, 1999
Babbitt v. Woodford
Under the Antiterrorism and Effective Death Penalty Act, dismissal of claims previously presented in a federal habeas petition is required. 		Criminal Law and Procedure Aug. 6, 1999
U.S. v. Jackson
Consecutive prison terms can be imposed on defendant following revocation of concurrent terms of supervised release. 		Criminal Law and Procedure Aug. 6, 1999
U.S. v. Montero-Camargo
Vehicles' turnaround prior to checkpoint, combined with tandem driving and ethnicity of occupants, can be sufficient to justify border patrol agents' investigative stop. 		Criminal Law and Procedure Aug. 6, 1999
U.S. v. Ramirez
Conspiracy and drug smuggling conviction requires more than defendant's mere presence in drug-laden vehicle. 		Criminal Law and Procedure Aug. 6, 1999
U.S. v. LaValle
Review of federal sentence, that includes enhancement based on now stricken prior state conviction, is proper. 		Criminal Law and Procedure Aug. 6, 1999
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