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People v. Gaston
Sentencing court abuses its discretion when striking prior felony conviction without first considering the 'spirit' of the three strikes law. 		Criminal Law and Procedure Sep. 23, 1999
People v. Aparicio
Waiver of right to appeal prior case is enforceable when part of a plea agreement in a subsequent case. 		Criminal Law and Procedure Sep. 23, 1999
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. 		Criminal Law and Procedure Sep. 23, 1999
People v. Callahan
Defendant isn't precluded from introducing specific instances of good behavior, when state introduces evidence of defendant's prior bad acts. 		Criminal Law and Procedure Sep. 23, 1999
People v. Soto
Unmodified rule of DNA forensic analysis is generally accepted in the scientific community and admissible in a criminal prosecution. 		Criminal Law and Procedure Sep. 23, 1999
People v. Woods
Warrantless search of felon's house, conducted as pretext to discover evidence against felon's roommates, is constitutional. 		Criminal Law and Procedure Sep. 23, 1999
In re Sanders
Abandonment by counsel may excuse substantial delay in filing habeas corpus petition in capital murder case. 		Criminal Law and Procedure Sep. 23, 1999
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. 		Criminal Law and Procedure Sep. 23, 1999
People v. Hustead
Defendant's allegations that officer's report contained material falsehoods is good cause entitling defendant to discovery of officer's personnel records. 		Criminal Law and Procedure Sep. 22, 1999
Saba v. Stroup
A judgment creditor may not attach to an arrestee's property seized in connection with a criminal matter. 		Criminal Law and Procedure Sep. 19, 1999
People v. Diller
Prior juvenile adjudication thats violent offense under penal code, but not listed in welfare and Institutions Code, doesnt qualify as strike. 		Criminal Law and Procedure Sep. 19, 1999
State ex rel. Romley v. Hutt (Treen)
Person who is victim of theft isn't required under Victims' Bill of Rights to give pretrial interview to defendant. 		Criminal Law and Procedure Sep. 16, 1999
Zuther v. State
Amendment to 'Gate-Money' statute does not apply retroactively. 		Criminal Law and Procedure Sep. 16, 1999
State v. Quintana
Where trespass charge is properly designated as a misdemeanor, no right to jury trial exists. 		Criminal Law and Procedure Sep. 16, 1999
State v. Rosario
Notice, by prisoner representing himself, of petition for postconviction relief is deemed filed when given to department of corrections for mailing. 		Criminal Law and Procedure Sep. 16, 1999
U.S. v. Machado
At trial for two misdemeanor counts, each side receives only three peremptory challenges, despite possibility of sentence greater than one year. 		Criminal Law and Procedure Sep. 16, 1999
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search. 		Criminal Law and Procedure Sep. 14, 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. 13, 1999
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction. 		Criminal Law and Procedure Sep. 13, 1999
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors. 		Criminal Law and Procedure Sep. 13, 1999
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure. 		Criminal Law and Procedure Sep. 13, 1999
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search. 		Criminal Law and Procedure Sep. 9, 1999
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights. 		Criminal Law and Procedure Sep. 9, 1999
U.S. v. Mikaelian
State's failure to request downward departure from Sentencing Guidelines doesn't relieve trial court's duty to cooperation. 		Criminal Law and Procedure Sep. 7, 1999
State v. Tamplin
The trial court was proper in its jury instruction regarding the defendant's knowledge of the wrongfulness of his conduct. 		Criminal Law and Procedure Sep. 7, 1999
People v. Douglas
Order suspending defendant's sentence, granting probation, and declaring charged offenses to be misdemeanors isn't appealable. 		Criminal Law and Procedure Sep. 6, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. 		Criminal Law and Procedure Sep. 6, 1999
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause. 		Criminal Law and Procedure Sep. 6, 1999
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. 		Criminal Law and Procedure Sep. 6, 1999
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. 		Criminal Law and Procedure Sep. 6, 1999
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