502ind$$bv 09-11-95 14:43:04 PGT•INDBV (Bound Volume)
INDEX
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CONSENT DECREES. Correction of unconstitutional jail conditions—Modification of decree.—A party seeking modification of an institutional reform consent decree bears burden of establishing that a significant change in facts or law warrants decree’s revision and that proposed modification is arguably tailored to changed circumstances; grievous wrong standard of United States v. Swift & Co., 286 U. S. 106, 119, does not apply to such cases. Rufo v. Inmates of Suffolk County Jail, p. 367. CONSPIRACIES. See Constitutional Law, III, 2. CONSTITUTIONAL LAW. See also Standing. I. Confrontation of Witnesses. Admission of hearsay.—Sixth Amendment’s Confrontation Clause does not require that, before a trial court admits testimony under spontaneous declaration and medical examination exceptions to hearsay rule, either prosecution must produce declarant—here a 4-year-old girl who had been sexually assaulted—at trial or trial court must find that declarant is unavailable. White v. Illinois, p. 346. II. Discrimination against Interstate Commerce. Oklahoma law—Coal-fired utilities.—Oklahoma law requiring coalfired electric utilities to burn a mixture containing at least 10% Oklahomamined coal was invalid under Commerce Clause because it discriminated against interstate commerce and Oklahoma advanced no purpose to justify such discrimination. Wyoming v. Oklahoma, p. 437. III. Due Process. 1. Admission of evidence of battered child syndrome—Jury instructions.—Neither admission of prior injury evidence as proof of battered child syndrome nor jury instruction as to its use so infused respondent’s California murder trial with unfairness as to deny due process. Estelle v. McGuire, p. 62. 2. Multiple-object conspiracy—General verdict.—Neither Fifth Amendment’s Due Process Clause nor this Court’s precedents require, in a federal prosecution, that a general guilty verdict on a multiple-object conspiracy be set aside if evidence is inadequate to support conviction as to one of objects. Griffin v. United States, p. 46. IV. Freedom of Speech. Son of Sam law.—New York’s Son of Sam law—which requires that an accused or convicted criminal’s income from works describing crime be deposited in an escrow account to be made available to victims of crime and criminal’s other creditors—is inconsistent with First Amend-
