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Name Category Published
Bates v. United States
Specific intent to injure or defraud government isn't element of misapplying federally-insured student loan funds. 		Criminal Law and Procedure Jul. 19, 1999
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. 		Criminal Law and Procedure Jul. 19, 1999
U.S. v. Gilcrist
Determining 15-year offense cutoff for criminal history, parole to serve consecutive sentence ends prior term. 		Criminal Law and Procedure Jul. 18, 1999
U.S. v. Kim
De novo review is required for district court's decision on authority to consent to search. 		Criminal Law and Procedure Jul. 18, 1999
U.S. v. Lopez
Sentence can be reduced for prejudice to defendant after government misconduct during plea negotiations. 		Criminal Law and Procedure Jul. 18, 1999
People v. Pulido
Aider and abettor after robbery and killing is not guilty of first degree murder. 		Criminal Law and Procedure Jul. 18, 1999
Jones v. Kiger
Retrial barred after mistrial granted over defendant's objections. 		Criminal Law and Procedure Jul. 15, 1999
State v. Cutright
Instance where person fires gun into occupied house and is found driving in his car shortly thereafter supports a jury instruction of defendant's potential 'flight.' 		Criminal Law and Procedure Jul. 15, 1999
State v. Clabourne
Consecutive sentences imposed for defendant's noncapital charges improper where death penalty is affirmed. 		Criminal Law and Procedure Jul. 15, 1999
State v. Valenzuela
Failure to give instruction on lesser included offense of manslaughter is reversible error when it might have contributed to murder conviction. 		Criminal Law and Procedure Jul. 15, 1999
State v. Harrison
Trial court's failure to state on the record, at time of sentencing, reasons for not imposing presumptive sentence is structural error. 		Criminal Law and Procedure Jul. 15, 1999
State v. Murray
Legislature may not retroactively overturn court decision making certain defendants eligible for parole. 		Criminal Law and Procedure Jul. 15, 1999
State v. Brown
Driving on a suspended license is not a lesser included offense to Aggravated DUI when it is not included in the indictment. 		Criminal Law and Procedure Jul. 15, 1999
United States of America v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison. 		Criminal Law and Procedure Jul. 15, 1999
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. 		Criminal Law and Procedure Jul. 15, 1999
People v. Bunn
Statute enlarging limitations for molestation charge doesn't apply to offenses occurring prior to 1988. 		Criminal Law and Procedure Jul. 15, 1999
People v. Cardenas
Defendants do not have right to question potential jurors about three strikes law. 		Criminal Law and Procedure Jul. 15, 1999
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony. 		Criminal Law and Procedure Jul. 15, 1999
U.S. v. Sayetsitty
Jury must be instructed voluntary intoxication can negate specific intent for aiding and abetting murder. 		Criminal Law and Procedure Jul. 15, 1999
U.S. v. Kallin
Jeopardy attaching in original tax-fraud trial continues through retrial after IRS's imposition of civil penalty. 		Criminal Law and Procedure Jul. 15, 1999
United States v. Gonzales
Mandatory federal firearms sentence cannot run concurrently with any other state or federal prison term. 		Criminal Law and Procedure Jul. 15, 1999
Garcia v. Superior Court (People)
Defendant cannot challenge prior conviction for ineffective counsel assistance during current prosecution for noncapital case. 		Criminal Law and Procedure Jul. 15, 1999
In re Gutierrez
Relitigation of issues from previous case does not constitute 'new trial' of case. 		Criminal Law and Procedure Jul. 15, 1999
People v. Huggins
Theft of purse touching owner's foot constitutes grand theft from the person. 		Criminal Law and Procedure Jul. 15, 1999
U.S. v. Romeo
Acquittal on possession count collaterally estops relitigating importation deadlocked count since defendant's knowledge already litigated. 		Criminal Law and Procedure Jul. 15, 1999
People v. Nguyen
Petty thief with two felony priors, including theft, is properly sentenced to 25 years to life. 		Criminal Law and Procedure Jul. 14, 1999
People v. Calderon
Videotaped statements to police are admissible since defendant didn't ask for counsel while in custody. 		Criminal Law and Procedure Jul. 14, 1999
People v. Gaines
Prosecutor's statements informing jury why defense witness didn't testify is misconduct warranting reversal of probation. 		Criminal Law and Procedure Jul. 14, 1999
State v. White
Aggravating circumstance of murder in anticipation of pecuniary gain isn't offset by nonstatutory mitigating factors. 		Criminal Law and Procedure Jul. 14, 1999
People v. Short
Out-of-state conviction without elements of California offense cannot enhance sentence under 'one strike' law. 		Criminal Law and Procedure Jul. 13, 1999
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