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Name Category Published
People v. Esparza
Defendant with drug-related probation violation for underlying offense that is not drug related is ineligible for Proposition 36 treatment. 		Criminal Law and Procedure Jun. 25, 2003
People v. Smith
Tests used upon mixed samples of deoxyribonucleic acid to determine a distinct genetic profile is generally accepted in scientific community. 		Criminal Law and Procedure Jun. 25, 2003
U.S. v. Gonzalez
Defendant receiving drug package had no reasonable expectation of privacy in workplace mail room. 		Criminal Law and Procedure Jun. 24, 2003
Powell v. Galaza
Court improperly instructed jury that defendant's own testimony satisfied specific intent element of crime. 		Criminal Law and Procedure Jun. 24, 2003
Beardslee v. Woodford
Cumulative error claim of constitutional violations does not create substantial impact on murder conviction and death sentence. 		Criminal Law and Procedure Jun. 24, 2003
People v. Morris
Defendant failed to make adequate record supporting 'Wheeler' motion challenging state's use of peremptory challenges against African American and Hispanic prospective jurors. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. McKenna
'Perjury trap' doctrine is inapplicable where government's questioning of plaintiff was related to its role as defendant in civil action. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. Etimani
Child witness must be aware of television monitor transmitting defendant yet monitor does not have to be in direct field of vision. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. Arnett
Collateral estoppel may be used against criminal defendant. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. Brown
Court committed reversible error in failing to cure prosecutor's propensity statements in jury instructions. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. Cabrera
Theft of federal funds committed by government official had sufficient nexus to program receiving funds. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. Bynum
District court did not err in declining to submit federal nexus question to jury. 		Criminal Law and Procedure Jun. 24, 2003
U.S. v. Montalvo
Failure to give specific unanimity instruction regarding continuing criminal enterprise offense is harmless error. 		Criminal Law and Procedure Jun. 18, 2003
U.S. v. Bonilla-Montenegro
District court properly enhanced defendant's sentence because offense of voluntary manslaughter is 'crime of violence' under sentencing guidelines. 		Criminal Law and Procedure Jun. 18, 2003
People v. Rivera
Circumstantial evidence is sufficient to support finding that car was locked upon entry; evidence supports conviction. 		Criminal Law and Procedure Jun. 17, 2003
U.S. v. Weber
Defendant who left voicemail in which he threatened judge is guilty of obstruction of justice. 		Criminal Law and Procedure Jun. 16, 2003
McNeely v. Blanas
Petitioner in custody since April 1998 without preliminary hearing or trial has been denied right to speedy trial. 		Criminal Law and Procedure Jun. 16, 2003
U.S. v. Leonti
Viable ineffective assistance of counsel claim may arise in presentencing cooperation period. 		Criminal Law and Procedure Jun. 16, 2003
U.S. v. McNeil
Although bank did not suffer actual loss, sufficient evidence supports defendant's bank fraud conviction. 		Criminal Law and Procedure Jun. 15, 2003
Opinion of Lockyer
In its civil "watchdog" capacity, grand jury may give secrecy admonition to witness; witness' violation may constitute contempt of court. 		Criminal Law and Procedure Jun. 11, 2003
Gill v. Ayers
Defendant had right to testify at Three Strikes sentencing hearing to explain nature of prior conviction. 		Criminal Law and Procedure Jun. 11, 2003
U.S. v. Banuelos
For sentencing purposes, court must determine quantity of drugs attributable to conspirator personally beyond reasonable doubt. 		Criminal Law and Procedure Jun. 11, 2003
People v. Flores
Remand is proper remedy when defendant is ordered to pay attorney fees without notice and hearing. 		Criminal Law and Procedure Jun. 11, 2003
Stillman v. LaMarque
Habeas petitioner is not entitled to benefit of mailbox rule but is entitled to equitable tolling because of prison officials' misconduct. 		Criminal Law and Procedure Jun. 10, 2003
Ho v. Newland
Habeas petition was improperly denied where court failed to remedy erroneous jury instruction on elements of crime. 		Criminal Law and Procedure Jun. 10, 2003
In re Cox on Habeas Corpus
Opinion 		Criminal Law and Procedure Jun. 9, 2003
Anthony L. v. Superior Court (People)
Penal Code Section 186.22(d) applies to all gang-related offenses and is more aptly characterized as penalty provision, not as substantive offense. 		Criminal Law and Procedure Jun. 6, 2003
Garceau v. Woodford
Jury instruction to infer criminal propensity from evidence of other crimes was not harmless error. 		Criminal Law and Procedure Jun. 3, 2003
In re Bell
Order 		Criminal Law and Procedure Jun. 2, 2003
People v. Palomino
Order 		Criminal Law and Procedure Jun. 2, 2003
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