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Name Category Published
Hon. Dean D. Flippo, District Attorney, Monterey County
Prohibition of firearm in school zone applies to firearm in two parts that assemble into one with push of button and shift of pin. 		Criminal Law and Procedure May 20, 1999
U.S. v. McClain
Double jeopardy isn't violated by resentencing defendant within original 'package' sentence after conviction vacated. 		Criminal Law and Procedure May 19, 1999
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable. 		Criminal Law and Procedure May 19, 1999
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute. 		Criminal Law and Procedure May 19, 1999
People v. Lopez
Separate drug sales on two different days constitute different sets of operative facts for sentencing purposes. 		Criminal Law and Procedure May 19, 1999
People v. Harrison
Sentence for one matter must reflect that enhancement carries term one-third of other enhancement. 		Criminal Law and Procedure May 19, 1999
In re Brown
Prosecution's failure to disclose material exculpatory evidence requires vacation of judgment. 		Criminal Law and Procedure May 19, 1999
U.S. v. Gallant
Possession of gun taken from officer during escape supports sentence enhancement for firearm use. 		Criminal Law and Procedure May 19, 1999
U.S. v. Nelson
Conviction based on aiding and abetting robbery doesn't require knowledge of the crime's impact on interstate commerce. 		Criminal Law and Procedure May 19, 1999
Gill v. Villagomez (Government of Guam)
No abuse of discretion to deny motion to dismiss under speedy trial statute after appeal. 		Criminal Law and Procedure May 19, 1999
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious. 		Criminal Law and Procedure May 19, 1999
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute. 		Criminal Law and Procedure May 19, 1999
State v. Mills
Videotape of witness's entire preliminary hearing testimony is admissible, at trial court's discretion, to show inconsistencies with witness's trial testimony. 		Criminal Law and Procedure May 19, 1999
Florida v. White
Police can seize automobile from public place without warrant if probable cause supports belief that it's forfeitable contraband. 		Criminal Law and Procedure May 19, 1999
U.S. v. Frisby
Order 		Criminal Law and Procedure May 19, 1999
Thorpe v. Soares
Order 		Criminal Law and Procedure May 19, 1999
U.S. v. Banuelos-Munoz
Order 		Criminal Law and Procedure May 19, 1999
Karls v. Hudson
Order 		Criminal Law and Procedure May 19, 1999
U.S. v. Cobb
Order 		Criminal Law and Procedure May 18, 1999
U.S. v. McClung
Order 		Criminal Law and Procedure May 18, 1999
Wisdom v. Ward
Order 		Criminal Law and Procedure May 18, 1999
U.S. v. Fuentes
Order 		Criminal Law and Procedure May 18, 1999
U.S. v. Cook
Order 		Criminal Law and Procedure May 18, 1999
U.S. v. Covington
Order 		Criminal Law and Procedure May 18, 1999
Rodriguez v. Arellano
Burden of going forward in challenge to search satisfied by proof of no warrant. 		Criminal Law and Procedure May 18, 1999
Martin v. Reinstein
Arizona's Sexually Violent Predator Act isn't inconsistent with a defendant's due process, and doesn't violate the U.S. Constitution. 		Criminal Law and Procedure May 18, 1999
Robertson v. Superior Court (State of California)
Videotaping of psychological exam can only occur after defendant has opportunity to be heard. 		Criminal Law and Procedure May 17, 1999
People v. Trotter
Corroboration requirement in perjury statute focuses on the 'falsity' of the statement, not the 'identity' of the perjurer. 		Criminal Law and Procedure May 17, 1999
Robertson v. Sacramento County Superior Court (People)
Videotaping of psychological exam can only occur after defendant has opportunity to be heard. 		Criminal Law and Procedure May 16, 1999
Guevara v. Superior Court (People)
HIV-positive adult male who has sex with minor doesn't commit aggravated assault. 		Criminal Law and Procedure May 13, 1999
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