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Name Category Published
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense. 		Criminal Law and Procedure Aug. 5, 1999
Greenawalt v. Stewart
Defendant facing execution fails to provide sufficient reason to avoid dismissal of successive petition. 		Criminal Law and Procedure Aug. 5, 1999
U.S. v. Green
Government needs reasonable notice of sentencing court's downward departure intent beyond presentence report recommendations. 		Criminal Law and Procedure Aug. 5, 1999
Malone v. County of Kern Superior Court
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed. 		Criminal Law and Procedure Aug. 4, 1999
People v. Sanders
Trial court's belief it lacked discretion to dismiss three strikes prior convictions necessitates resentencing. 		Criminal Law and Procedure Aug. 4, 1999
People v. Lopez
Defendant must prove statute of limitations has run on crime of misappropriation of public funds. 		Criminal Law and Procedure Aug. 4, 1999
U.S. v. LaFromboise
No double jeopardy in consecutive sentences for carrying firearm during drug crime and possessing unregistered firearm. 		Criminal Law and Procedure Aug. 4, 1999
U.S. v. Ortega-Reyes
Court's reference to robbery sentencing guideline bars use of kidnapping guideline's reduction for victim release. 		Criminal Law and Procedure Aug. 4, 1999
U.S. v. Littlefield
Defendant implicitly waives statute of limitations claim on appeal by pleading guilty pursuant to agreement. 		Criminal Law and Procedure Aug. 4, 1999
People v. Pecci
Probation for defendants convicted of filming sexual conduct with a minor for noncommerical purposes is prohibited. 		Criminal Law and Procedure Aug. 4, 1999
People v. Grant
Conviction stands if only one of three required acts of continuous molestation occurs after statute enacted. 		Criminal Law and Procedure Aug. 4, 1999
People v. Hearon
Jury instruction defining reasonable doubt isn't defective for lack of certainty 		Criminal Law and Procedure Aug. 4, 1999
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. 		Criminal Law and Procedure Aug. 4, 1999
In re Rodney
Sentencing defendant to consecutive terms is permitted even though defendant didn't suffer a previous conviction for a violent sex crime. 		Criminal Law and Procedure Aug. 4, 1999
California Correctional Peace Officers Assoc. v. Dept. of Corrections
Correction officer isn't prohibited from possessing firearm under statute despite 10-year old misdemeanor conviction. 		Criminal Law and Procedure Aug. 4, 1999
People v. Cartwright
Typical traffic stop doesn't, by itself, constitute a Fourth Amendment seizure of the passenger in the vehicle. 		Criminal Law and Procedure Aug. 4, 1999
People v. La Stelley
Defendant is improperly convicted of both robbery and grand theft where defendant's conduct constituted one continuous crime. 		Criminal Law and Procedure Aug. 4, 1999
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. 		Criminal Law and Procedure Aug. 4, 1999
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude. 		Criminal Law and Procedure Aug. 4, 1999
People v. Hedge
Pending court review of defendant's first commitment to mental health facility, based upon sexually violent predator status, doesn't bar separate, subsequent commitment. 		Criminal Law and Procedure Aug. 4, 1999
People v. Manriquez
Nongang member who fires upon gang members in drive-by shooting can be convicted of aiding and abetting in first-degree murder. 		Criminal Law and Procedure Aug. 4, 1999
People v. Stanley
Search warrant isn't required for police to ask electric company to install surveillance meter on utility pole on suspect's property. 		Criminal Law and Procedure Aug. 4, 1999
People v. Thornton
Trial court abuses its discretion in striking prior convictions when it fails to consider particulars of defendant's background, character, and prospects. 		Criminal Law and Procedure Aug. 4, 1999
People v. Centers
In a kidnapping charge, 'substantial likelihood of death' includes transporting victim to several locations at gunpoint. 		Criminal Law and Procedure Aug. 4, 1999
People v. Guzman
Uncharged crimes jury instruction, as given, unconstitutionally lowers prosecution's burden of proof. 		Criminal Law and Procedure Aug. 4, 1999
People v. Martinez
Court isn't required to impose state and county penalty assessments pursuant to a direct victim restitution order. 		Criminal Law and Procedure Aug. 4, 1999
Orlina v. Superior Court (People)
State may retry defendant on uncharged lesser-related offense after acquittal on charged offense and hung jury on lesser offense. 		Criminal Law and Procedure Aug. 4, 1999
People v. Martinez
Court isn't required to impose state and county penalty assessments pursuant to a direct victim restitution order. 		Criminal Law and Procedure Aug. 4, 1999
People v. Cortez
Record of previous conviction that doesn't include specific facts of the offense precludes finding of prior felony conviction under three strikes law. 		Criminal Law and Procedure Aug. 4, 1999
U.S. v. Fulbright
Defendant's legal research before committing crimes doesn't warrant instruction on deliberate indifference of illegality. 		Criminal Law and Procedure Aug. 3, 1999
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