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Name Category Published
People v. Venegas
Prior finding of defendant's fitness to be dealt with under juvenile court law may be inferred. 		Criminal Law and Procedure Jun. 11, 1999
People v. Houck
Preliminary hearing transcript isn't part of 'record of conviction' and therefore isn't admissible to prove strike. 		Criminal Law and Procedure Jun. 11, 1999
U.S. v. Stockdale
Sentence reduction based on downgrade of marijuana weight equivalencies doesn't include benefit of 'safety valve' statute. 		Criminal Law and Procedure Jun. 10, 1999
People v. Lopez
Child annoyance is not necessarily lesser included offense of committing lewd act on child. 		Criminal Law and Procedure Jun. 10, 1999
People v. Bierman
Defendant gets resentencing if pre-'Romero' record is silent on court's discretion to strike prior conviction. 		Criminal Law and Procedure Jun. 10, 1999
People v. Aguilar
Conviction cannot stand since assault with deadly weapon cannot be committed with hands or feet. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Etsitty
In federal prosecution for kidnapping by seizure and assault, merger doctrine doesn't bar separate convictions. 		Criminal Law and Procedure Jun. 10, 1999
People v. McCray
Conviction for stalking based on harassing conduct occurring on same day is warranted. 		Criminal Law and Procedure Jun. 10, 1999
People v. Carter
10-year limit on subordinate terms applies only to nonviolent robberies with use of deadly weapon. 		Criminal Law and Procedure Jun. 10, 1999
People v. Crawford
Failure to instruct on presumption of innocence and prosecution's burden of proof is fatal to conviction. 		Criminal Law and Procedure Jun. 10, 1999
People v. Sohrab
Court must advise of right to counsel at municipal court arraignment and subsequent superior court arraignment. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Bighead
Government expert can testify on general characteristics of abused children after interviewing many alleged victims. 		Criminal Law and Procedure Jun. 10, 1999
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction. 		Criminal Law and Procedure Jun. 10, 1999
People v. Hansen
Encouraging victim to play Russian roulette is sufficient to establish felony child endangerment. 		Criminal Law and Procedure Jun. 10, 1999
People v. Griggs
Juvenile adjudication for residential burglary qualifies as strike under the three strikes law. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Stein
$6.3 million loss to victims doesn't substantially exceed $5 million level to justify upward sentencing departure. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Otis
Conspiracy to launder money isn't lesser included offense of aiding/abetting conspiracy to distribute. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Cain
Defense attorney's subscription to joint jury instructions waives error of misdefinition of element of charged offense. 		Criminal Law and Procedure Jun. 10, 1999
Wood v. Hall
State parolee who fled while appeal pending cannot raise habeas claim absent cause and prejudice. 		Criminal Law and Procedure Jun. 10, 1999
Grisby v. Blodgett
Habeas petition cannot be denied based on evidence of bias by victim and improper sentencing scheme. 		Criminal Law and Procedure Jun. 10, 1999
Paradis v. Arave
Government must disclose notes contradicting the jurisdictionally material testimony of medical witness on killing's location. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Shetty
Tax-fraud defendant's transfer of money offshore during IRS criminal investigation constitutes obstruction of justice. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Hockings
Computer graphic image files containing retrievable images qualify as visual depictions under child pornography law. 		Criminal Law and Procedure Jun. 10, 1999
Delancy v. Crabtree
Federal statutory sentence reduction for completing drug/alcohol program is inapplicable to pre-guidelines prisoners. 		Criminal Law and Procedure Jun. 10, 1999
People v. Hagen
Improper instruction on meaning of 'willfulness' in filing false tax return isn't reversible error. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Gomez-Gutierrez
Conviction for illegal re-entry after deportation doesn't require proof of actual notice of deportation hearing. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Edmo
Police may demand urine sample as part of search incident to drug-related arrest. 		Criminal Law and Procedure Jun. 10, 1999
People v. Lopez
Child annoyance isn't necessarily lesser included offense of committing lewd act on child under 14. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction. 		Criminal Law and Procedure Jun. 10, 1999
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