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Name Category Published
People v. Superior Court (Bradway)
Special circumstance of lying in wait is distinguishable from first-degree murder by lying in wait and thus not unconstitutionally vague. 		Criminal Law and Procedure Aug. 13, 2003
People v. Fonseca
Court didn't err in instructing jury not to speculate on reasons why co-perpetrator may not have been prosecuted. 		Criminal Law and Procedure Aug. 13, 2003
People v. Snow
Court may sentence defendant cumulatively under One and Three Strikes laws. 		Criminal Law and Procedure Aug. 13, 2003
People v. LeCorno
Jury instructions failing to properly instruct jury on element of knowledge were prejudicial error. 		Criminal Law and Procedure Aug. 12, 2003
In re Roberts
Habeas petition failed to establish that state knowingly offered perjured testimony at trial. 		Criminal Law and Procedure Aug. 12, 2003
In re John Z.
Defendant who continues intercourse with victim who withdraws initial consent is guilty of forcible rape. 		Criminal Law and Procedure Aug. 12, 2003
In re Cox
Despite false testimony and recantations by crucial prosecution witnesses, defendant is not entitled to habeas corpus relief. 		Criminal Law and Procedure Aug. 11, 2003
People v. Lobato
Verdict for weight enhancement related to count of conspiracy need not expressly include substantial involvement element. 		Criminal Law and Procedure Aug. 11, 2003
Story v. Superior Court (People)
Records of psychotherapy ordered as condition of probation are protected from disclosure by psychotherapist-patient privilege. 		Criminal Law and Procedure Aug. 11, 2003
People v. Montes
Ten-year street gang enhancement was improper for gang member sentenced to life for attempted second degree murder. 		Criminal Law and Procedure Aug. 11, 2003
Black on Habeas Corpus
Order 		Criminal Law and Procedure Aug. 11, 2003
People v. Szymanski
Denial of challenge for cause as to juror is abuse of court's discretion. 		Criminal Law and Procedure Aug. 11, 2003
People v. Meloney
Court adjudicating defendant's 'secondary offense' may apply stay in sentence enhancement in two different ways. 		Criminal Law and Procedure Aug. 11, 2003
In re Varnell
Courts may not use Penal Code Section 1385 to disregard sentencing factors of Proposition 36. 		Criminal Law and Procedure Aug. 11, 2003
People v. Sanders
Law enforcement officers exceed scope of protective sweep when they search entire apartment and cocaine seized must be suppressed. 		Criminal Law and Procedure Aug. 10, 2003
In re Emiliano (People v. Emiliano)
Requiring juvenile to register as gang member as condition of probation violation was improper. 		Criminal Law and Procedure Aug. 10, 2003
People v. Reliford
Jury instruction on evidence of defendant's prior sexual offense was not misleading. 		Criminal Law and Procedure Aug. 10, 2003
People v. Jones
Defendant's conviction and death sentence for felony murder are affirmed. 		Criminal Law and Procedure Aug. 10, 2003
U.S. v. Davis
Lessee of apartment lacked authority to consent to police search of belongings in room that she did not occupy. 		Criminal Law and Procedure Aug. 4, 2003
U.S. v. Britt
Defendant convicted of drug offense was improperly restricted from engaging in occupation as credit counselor. 		Criminal Law and Procedure Aug. 3, 2003
People v. Kons
Admission of statement which identified shooter was violation of defendant's confrontation clause right. 		Criminal Law and Procedure Jul. 29, 2003
People v. Jones
Kidnapping statute is not pre-empted by child abduction law. 		Criminal Law and Procedure Jul. 29, 2003
People v. Buttram
Appellate court erroneously concluded probable cause certificate was necessary for defendant to assert abuse of sentencing discretion. 		Criminal Law and Procedure Jul. 28, 2003
People v. Hammer
'One Strike' law applies to defendant with prior specified conviction that led to probation. 		Criminal Law and Procedure Jul. 28, 2003
People v. Guzman
Trial court did not err in revoking drug treatment probation where defendant made no effort to comply with probation and left country. 		Criminal Law and Procedure Jul. 28, 2003
People v. Ferguson
Exclusionary rule applies where search of defendant was based on erroneous information that he was on probation. 		Criminal Law and Procedure Jul. 28, 2003
Robert L. v. Superior Court (People)
Alternate penalty provision directed at gang crime applies to both misdemeanors and felonies. 		Criminal Law and Procedure Jul. 28, 2003
People v. Flores
Appellate court had authority to return case to trial court to determine whether criminal defendant had ability to pay attorney fees. 		Criminal Law and Procedure Jul. 28, 2003
U.S. v. Cedano-Arellano
Court's refusal to permit defendant to conduct discovery regarding narcotics dog was harmless error. 		Criminal Law and Procedure Jul. 25, 2003
Ho v. Carey
Prisoner has constitutional right to have jury decide each element of second-degree murder offense based on implied malice. 		Criminal Law and Procedure Jul. 25, 2003
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