Criminal Law Journal
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Tables of Contents of Recent Issues
Winter 2012, Volume 12, Issue 1
After the Gavel Falls: Application of the Federal Crime Victims’ Rights Act in Habeus Corpus Proceedings
By Alice B. Lustre
Cruel and Unusual Punishment: Virtual Life Without Possibility Of Parole Sentencing After Graham v. Florida
By Christina Lenon
Message From the Chair
By Steven I. Katz
Summer 2011, Volume 11, Issue 3
Staying Sane: Preparing & Presenting Expert Testimony in Sanity Trials, Part 2
By Michael Begovich
Prosecutorial Discretion: Constraints on Power A Response to James Vorenberg
By Noah Marshall
Message From the Chair
By Larry Forbes
Testimonial Evidence and Forensic Science: From Crawford to Bullcoming and Beyond
By Michael Chamberlain, Deputy Attorney General, California Department of Justice
Hawaii’s HOPE Program: A Possible Alternative for Federal Drug Offenders?
By Lauren Kunkle
Spring 2011, Volume 11, Issue 2
Staying Sane: Preparing & Presenting Expert Testimony in Sanity Trials, Part 1
By Michael Begovich
“Conflict -of-Interest Fraud” After Skilling
By Mark E. McDonald
Message From the Chair
By Larry Forbes
Friends and “Friends”: Ethical Guidelines For California Judges and Lawyers
By Wendy L. Patrick, Esq.
Review of Recent Cases : Speedy Trial Systemic Criminal Justice Problems Lead to Dismissals for Defendants
By Audra Ibarra
Winter 2011, Volume 11, Issue 1
Going the Distance: The Asportation Requirement for Simple and Aggravated Kidnapping in California
By Meldie Malone
When Does A Court Have Authority To Order HIV and AIDS Testing Of Criminal Defendants?
By Lani L. Biafore
Message From the Chair
By Larry Forbes
The Wrong Message in the Text: A Critical Analysis of California’s Senate Bill 28’s Failure to Communicate the Dangers of Text Messaging While Driving
By Nicole McLaughlin
Two Thousand Feet from Another “Jessica” or One Step Too Far Under the Constitution?
By Julie Branch
The Evidentiary Use of a DUI Suspect’s Refusal to Submit to a PAS Test
By Steven I. Katz
Summer 2010, Volume 12, Issue 3
Understanding Law Enforcement Privileges in California
By James J. Hosking
Interpreting Federal Rul e of Evidence 606(b) in the Context of Juror Racial Bias: A Closer Look at the Ninth Circuit’s Approach in United States v. Henley
By Amelia Rawls
“Where You From?” Criminal Street Gangs: Courts Must Adapt to the Evolving Trends in Gang Crime to Keep Up With the Long Arm of the Gang
By Carol Reed
Message From the Chair
By Mike Chamberlain
Friends, Fans, and Ethical Implications
By Wendy L. Patrick, Esq.
Spring 2010, Volume 12, Issue 2
Decisions of Death and Jurisprudence
Cheryl M. Temple
Identity Thieves Get More Than Bargained For: Victim’s Venue
By Nathaniel H. Clark
“Where You From?” Criminal Street Gangs: Courts Must Adapt to the Evolving Trends in Gang Crime
to Keep Up With the Long Arm of the Gang
By Carol Reed
Message From the Chair
By Mike Chamberlain
Think Twice Before You Rely on the Mardsen Rule:You May be Making a Big Mistake
By Michael A. Katz
Winter 2010, Volume 12, Issue 1
The Art of Gracious Disagreement – Civility in the Courtroom
By Wendy Patrick Mazzarella, Esq.
The Use of Three Dimensional Laser Scanning and Collision Reconstruction Software by the California Highway Patrol
By Dean Reichenberg
Message From the Chair
Mike Chamberlain
‘Where You From?’ Criminal Street Gangs: Courts Must Adapt to the Evolving Trends in
Gang Crime to Keep Up With the Long Arm of the Gang
By Carol Reed
California Penal Code Section 190.3(a): A Payne to Deal With?
By Armine Safarian
Fall 2009, Volume 11, Issue 4
Did the Supreme Court Recognize an Innocent Person’s Right Not to Be Executed?
By Michael C. Dorf
The Parole Revocation Process in California
By Bruce Zucker, Esq.
Message From the Chair
By Mike Chamberlain
Combat-Related Post-Traumatic Stress Disorder and Penal Code Section 1170.9
By Michael Djavakhyan
Summer 2009, Volume 11, Issue 3
The Truth about Forfeiture by Wrongdoing and Its Applicability to California Law
By Lani Biafore, Deputy District Attorney, Sacramento County
Message From the Chair
By Michael Begovich
The Continuing Evolution of Justice Department Views on Corporate Cooperation
By David M. Grable and Jasmine M. Starr
Safety First? Terry Stop and Frisks as an Interdiction Tool of the Police in San Francisco’s Norteño-Sureño Criminal Street Gang War
By Sean Perdomo
Computer Searches, Major League Baseball, and Drug Testing – The Ninth Circuit
Takes the Fourth Amendment into the Information Age: United States v. Comprehensive
Drug Testing
By Julia Mezhinsky Jayne
Spring 2009, Volume 11, Issue 2
Fourth Amendment Challenges and the Often Overlooked Matter of Standing
Eric Siddall, Deputy District Attorney, Los Angeles County District Attorney’s Office
Investigatory Stops and the Fourth Amendment: Defending the Misdemeanor Per Se Rule
Brian Lauter
Defense Counsel in Possession of Instrumentalities of Crime
Wendy Patrick Mazzarella, Esq., Deputy District Attorney, San Diego County
Message From the Chair
By Michael Begovich
Spring 2008, Volume 10, Issue 2
A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant
Sherry F. Colb, Professor of Law, Cornell University Law School
Message From the Chair
Geoffrey Lauter, Deputy Attorney General, San Francisco
Testimonial Hearsay Evidence and the Confrontation Clause: People v. Cage and Other Recent Cases
CEB Staff
Practicing International Criminal Law
Daryl A. Mundis, Senior Prosecuting Trial Attorney, Office of the Prosecutor, International Criminal Tribunal for the Former Yugoslavia
A Judicial Perspective of Two Evidentiary Challenges in Domestic Violence Cases
Part One: Propensity Evidence
Hon. Philip H. Pennypacker, Santa Clara Superior Court
Winter 2008, Volume 10, Issue 1
California Law and the Prosecution of Alcohol-Impaired Vehicular Homicide Cases
By Steven I. Katz
Trial Publicity: Ethical Considerations Whether to Speak to the Media, and If You Decide To, Tips for Succ essful Interviews
Michael Begovich, Esq., Deputy Public Defender, San Diego Public Defender’s Office; Adjunct Professor of Law, Thomas Jefferson School of Law
Message From the Chair
Geoffrey Lauter, Deputy Attorney General, San Francisco
Admissibility of Laboratory Reports Under Crawford v. Washington
Michael Chamberlain, Deputy Attorney General, California Department of Justice
Client Confidentiality and Crime: An Impossible Combination
Wendy Patrick Mazzarella, Esq., Deputy District Attorney, San Diego County
Fall 2007, Volume 9, Issue 3
Restraining Excessive Defender Caseloads: The ABA Ethics Committee Requires Action
Norman Lefstein and Georgia Vagenas
Message From the Chair
Robyn Chew, Deputy Alternate Public Defender, Los Angeles
Lawyers as Storytellers – Part II
Wendy Patrick Mazzarella, Esq. and Mark C. Mazzarella, Esq.
Recent Case Summaries
Spring/Summer 2007, Volume 9, Issue 2
Cunningham v. California and Its Legislative Aftermath
Michael Chamberlain, Deputy Attorney General, California Department of Justice; Alan Yochelson, Deputy District Attorney, Los Angeles County District Attorney’s Office
Message From the Chair
Robyn Chew, Deputy Alternate Public Defender, Los Angeles
Public Speaking for Attorneys
Faith D. Pincus, Esq., Pincus Communications, Inc.
Significant Rule Changes Could Alter Jury Trials in California
Arturo J. González, Morrison & Foerster LLP
Recent Case Summaries
Collected Cases On Sentencing
Gary M. Mandinach, Esq. California Appellate Project, Los Angeles
Lawyers as Storytellers – Part I
Wendy Patrick Mazzarella, Esq. and Mark C. Mazzarella, Esq.
Winter 2007, Volume 9, Issue 1
An Overview of Postconviction DNA Testing in California
Michael Chamberlain, Deputy Attorney General, California Department of Justice
Parole Reform and the California Parole Advocacy Program – Ensuring Fairness One Client at a Time
Ryan Marcroft, Senior Attorney at Law; Mary L. Swanson, Attorney at Law
Client Perjury – Ethical Rules for the Criminal Defense Attorney
Wendy Patrick Mazzarella, Esq., Deputy District Attorney, San Diego
Message From the Chair
Hon. Darrell Mavis, Former Deputy District Attorney, Los Angeles Superior Court
Summary of Recently Published Cases
Gary Mandinach, Esq. California Appellate Project, Los Angeles; Kim Kupferer, Esq., Berkeley
New Felony Offenses in 2007
Larry Doyle, Chief Legislative Counsel for the State Bar of Califonia; Michael Chamberlain, Deputy Attorney General, California Department of Justice
Summer 2006, Volume 8, Issue 2
Mentoring Our Way to a Better Collective Future
by George Gascón, Esq.
Attorneys and Judges: Can’t We All Just Get Along?
by Wendy Patrick Mazzarella, Esq.
Tech Brief
by Adrienne Elenteny, Esq.,
Message From the Chair
by Hon. Darrell Mavis
Know When To Say No
by Barry Smith, Esq.
Summary of Recently Published Cases
by Gary Mandinach, Esq. and Kim Kupferer, Esq.
Fall 2005 , Volume 7, Issue 3
The Federal Sentencing Guidelines After United States v. Booker
by Michael J. Raphael
California’s Sentencing Scheme After Blakely and Booker: A Brief Analysis of People v. Black (2005) 35 Cal.4th 1238
by Staff
Breaching the Attorney-Client Privilege: Do Clients Have A Remedy?
by Wendy Patrick Mazzarella
Summary of Recently Published Cases
by Gary Mandinach, Esq.
Message from the Chair
by Kimberly Kupferer
Summer 2005 , Volume 7, Issue 2
Judicial Perspective: Proposition 36
by Hon. Philip H. Pennypacker
Civil Liability under 42 U.S.C. 1983 No Longer Just A Weapon Against the Prosecution?
by Wendy Patrick Mazzarella, Esq.
Criminal Discovery – Are Oral StatementsDiscoverable? Roland v. Superior Court (2004) 124 Cal.App.4th 154
by Wendy Patrick Mazzarella, Esq.
The Medical Marijuana Decision: What is it and What Does it Mean? The United States Supreme Court Decides Gonzalez v. Raich
by Constance Elizabeth Orozco
Summary of Recently Published Cases
by Gary Mandinach, Esq.
Message from the Chair
by Kimberly Kupferer
Winter 2005 , Volume 7, Issue 1
Crawford V. Washington: A "Testimonial" To Original Intent
by Brian Means
Ethical Issues with Attorney Advertising and Solicitation
by Wendy L. Patrick, Esq.
Summary of Recently Published Cases
by Gary Mandinach, Esq.
Message from the Chair
by Kimberly Kupferer
Spring 2004, Volume 6, Issue 1
Cruel & Unusual Punishment After Ewing
by Alex Ricciardulli
Summary of Recently Published Cases
by Gary M. Mandinach
Message From The Chair
by Lei-Chala I.Wilson
Spring 2003, Volume 5, Issue 1
Taking Issue With Issue Statements
by Jean Rosenbluth
Summary of Recently Published Cases
by Gary Mandinach
Message from the Chair: Educating the Public / Balancing the Bench
by Lei-Chala I. Wilson
Fall 2002, Volume 4, Issue 4
The Three Strikes Law Lands in the Supreme Court, Part 2
by Louis Karlin
[The Jury Instruction Corner]
Propriety of Permitting Jurors to Submit Questions for Witnesses; Instructional Safeguards to Consider If Juror-Authored Questions Are Allowed
by Thomas Lundy
Cases You Should Know About
by Gary Mandinach
Message from the Chair: Educating the Public / Balancing the Bench
by Lei-Chala I. Wilson
Summer 2002, Volume. 4, Issue 3
The Three Strikes Law Lands in the Supreme Court, Part 1
by Louis Karlin
[The Jury Instruction Corner]
Shackling or Physical Restraint of Defense Witness: Issues and Instructions
by Thomas Lundy
Cases You Should Know About
by Gary M. Mandinach
Message from the Chair
by Richard Santwier
Spring 2002, Volume 4, No. 2
The New Judicial Activism in California: Whose Constitution is It, Anyway? (A frustrated look at People v. McKay)
by Michael C. McMahon
[The Jury Instruction Corner]
Argument vs. Instruction: Keeping Each In Its Place
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message from the Chair
by Richard Santwier
Winter 2002, Volume 4, No. 1
Immigration Issues for the Criminal Law Practitioner
by Sean Kennedy
[The Jury Instruction Corner]
Juror Anonymity: Issues and Instructions
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message from the Chair
by Richard Santwier
Fall 2001, Volume 3, No. 4
Recall And Resentencing
by Gary R. Nichols
Going Beyond The Standard Pattern Instructions
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message From The Chair
by Alan S. Yochelson
Summer 2001, Volume 3, No. 3
The Limits to Suspicionless Searches and Seizures
by Alex Ricciardulli
[The Jury Instruction Corner]
Going Beyond the Standard Pattern Instructions
Part II: Strategies for Persuading the Trial Judge to Modify or Supplement the Pattern Instructions
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message From the Chair
by Alan S. Yochelson
Spring 2001, Volume 3, No. 2
New Frontiers: What Every Attorney Should Know About Pitchess Discovery
by Deborah L. Sanchez
[The Jury Instruction Corner]
Instructional Responses to Sloppy Police Work
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message From the Chair
by Alan S. Yochelson
Winter 2001, Volume 3, No. 1
The Case for Meaningful Voir Dire on Race and Sexual Orientation Bias
by Lois Heaney
[The Jury Instruction Corner]
Instructional Responses to Sloppy Police Work
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Fall 2000, Volume 2, No. 4
Voir Dire in a Nutshell
by Lois Heaney
[The Jury Instruction Corner]
Apprendi: A Watershed Decision
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message From the Chair
by Alan S. Yochelson
State Senator Carole Migden
Summer 2000, Volume 2, No. 3
Appellate Conflict Re Admissibility and Use of Battered Women's Syndrom Evidence: Recent Decisions of the Second Appellate District Create Uncertainty in the Use of Battered Women's Syndrome Evidence -- A Proposed Model Pinpoint Instruction
by Richard E. Kraft [The Jury Instruction Corner]
The New Judicial Council Instructions: An Immediate Opportunity to Bolster Non-CALJIC Instructional Arguments
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
Message from the Chair
by Allan S. Yochelson (Vice-Chair)
Spring 2000, Volume 2, No. 2
Extending the Period of Statutes of Limitations
[The Jury Instruction Corner]
CALJIC Pocket Part Review: January 2000 Pocket Part
by Thomas Lundy
Recent Cases You Should Know About
by Gary M. Mandinach
More Recent Cases You Should Know About
by Gary M. Mandinach
Winter 2000, Volume 2, No. 1
Why California Needs the Gang Violence and Juvenile Crime Prevention Act (Prop 21)
by the California District Attorneys Association
The Pete Wilson Juvenile Crime Initative: Backgroun on the Wilson Initiative
by Californians for Community Safety
Message from the Chair
by James McWilliams
Recent Cases in Review
by Gary Mandinach
Recent Cases of the Alameda DA's Office
by the Alameda District Attorney's Office
Voir Dire/ Jury Not to Consider Penalty: Whether Jury Should Be Informed That Non-Capital Special Circumstance Case Does Not Involve the Death Penalty
by Thomas Lundy
Fall 1999, Volume 1, No. 1
Outgoing Chair's Message
by Terry Wiley
A Trial Lawyer's Master of the Art: Interview with the Honorable Kenneth Mark Burr
[The Jury Instruction Corner]
Is an Attempt Always a Lesser Included of the Completed Crime?
by Thomas Lundy
Cruel and Unusual?: The Sexual Harrassment of Prisoners
FORECITE's 1999 Legislative Update