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Name Category Published
Foster v. Ward
Attorneys failure to present alibi evidence corroborating defendants testimony isnt ineffective assistance. 		Criminal Law and Procedure Jul. 8, 1999
Duncan v. Calderon
Anti-Terrorism and Effective Death Penalty Act applies retroactively to capital defendant's pending habeas petition. 		Criminal Law and Procedure Jul. 8, 1999
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction. 		Criminal Law and Procedure Jul. 8, 1999
People v. Soto
Claims of sentencing error are waived if specific objections aren't made at time of hearing. 		Criminal Law and Procedure Jul. 8, 1999
People v. Nichols
Court isn't required to instruct on the power of jury nullification, even if jury asks. 		Criminal Law and Procedure Jul. 8, 1999
People v. Crone
Failure to instruct on significance of reasonable doubt in choice between greater and lesser offenses is harmless. 		Criminal Law and Procedure Jul. 8, 1999
U.S. v. Hernandez
Felon firearm conviction is overturned after admission of unredacted felony judgment despite stipulation offer. 		Criminal Law and Procedure Jul. 7, 1999
U.S. v. Sotelo
Defendant's belief in sole allegiance to U.S. doesn't establish 'national' status as opposed to alien status. 		Criminal Law and Procedure Jul. 7, 1999
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction. 		Criminal Law and Procedure Jul. 7, 1999
Hart v. Gomez
Failure of defense attorney to introduce records corroborating possible biased defense witness' uncorroborated testimony is ineffective assistance of counsel. 		Criminal Law and Procedure Jul. 7, 1999
U.S. v. Phillips
Restitution cannot be ordered based on counts dropped pursuant to plea bargain unless payment is specifically part of plea agreement. 		Criminal Law and Procedure Jul. 7, 1999
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. 		Criminal Law and Procedure Jul. 7, 1999
People v. Allen
No error admitting DNA evidence obtained by short tandem repeats polymerase chain reaction testing nor in finding tests are 'generally accepted in scientific community.' 		Criminal Law and Procedure Jul. 7, 1999
People v. Diller
Prior juvenile adjudication that's violent offense under Penal Code, but not listed in Welfare and Institutions Code, doesn't qualify as strike. 		Criminal Law and Procedure Jul. 7, 1999
People v. Chutan
Defendant's confession, made during investigation of child abuse allegations, doesn't need to be suppressed for failure to give advisement of rights. 		Criminal Law and Procedure Jul. 7, 1999
People v. Lyons
No error in failure to reduce defendant's firearm-use sentence enhancements to one-third the middle term under consecutive term limitation statute. 		Criminal Law and Procedure Jul. 7, 1999
People v. Mejia
Defendant fleeing from car is guilty of firearm possession within school zone, if car is partially within zone. 		Criminal Law and Procedure Jul. 7, 1999
People v. Ervin
Law prescribing greater punishment for robbery at automatic teller machine isn't unconstitutionally vague. 		Criminal Law and Procedure Jul. 7, 1999
People v. Reyes
Reasonable suspicion of criminal or parole-violative activity test applies to adult parole searches. 		Criminal Law and Procedure Jul. 7, 1999
U.S. v. Stocks
Federal probationer can waive rights to hearing and counsel for purposes of extending probation term. 		Criminal Law and Procedure Jul. 7, 1999
People v. Feinberg
Court's failure to reiterate materiality requirement in jury instruction on perjury charge is harmless error. 		Criminal Law and Procedure Jul. 7, 1999
U.S. v. Ramirez-Rangel
Evidentiary hearing necessary on materiality of informant's testimony to sentencing after defendant's denial regarding weapon. 		Criminal Law and Procedure Jul. 7, 1999
Lewis v. Superior Court (People)
Appearance of conflict of interest warrants recusal of prosecutor in Orange County bankruptcy-related case. 		Criminal Law and Procedure Jul. 7, 1999
People v. Rodriguez
Offense upon which arrest is made needn't be related to probable-cause-to-arrest offense. 		Criminal Law and Procedure Jul. 7, 1999
U.S. v. Lanier
Supreme Court decision needn't identify constitutional right in 'fundamentally similar' fact situation to validate convictions. 		Criminal Law and Procedure Jul. 6, 1999
People v. Hannah
Brief detention of defendant by police during service of arrest warrant for someone else is lawful. 		Criminal Law and Procedure Jul. 6, 1999
People v. Mora
Biological father may be convicted of battering mother of his child despite termination of parental rights. 		Criminal Law and Procedure Jul. 6, 1999
People v. Ranger Insurance Co.
Surety released from obligations under bond by court's failure to give actual notice of forfeiture. 		Criminal Law and Procedure Jul. 6, 1999
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible. 		Criminal Law and Procedure Jul. 6, 1999
U.S. v. Thompson
Actual touching of victim isn't required to support sentence enhancement for 'physical restraint' of victim. 		Criminal Law and Procedure Jul. 6, 1999
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