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U.S. v. Malandrini
Period of supervised release doesn't begin running until after defendant is released from prison.
Criminal Law and Procedure Aug. 6, 1999
U.S. v. Leon-Reyes
Admission of testimony summaries from previous trial for purpose of showing perjury isn't abuse of discretion.
Criminal Law and Procedure Aug. 6, 1999
U.S. v. Hopper
Phony warrant submitted to prevent collection of tax debt and enforcement of tax lien constitutes obstruction of Justice of IRS proceedings.
Criminal Law and Procedure Aug. 6, 1999
U.S. v. Deeb
Use of investors money to keep stock certificates in defendant's own name to cover margin purchases warrants conviction under money laundering statute.
Criminal Law and Procedure Aug. 6, 1999
Ficklin v. Hatcher
Despite court giving erroneous jury instructions, defendant can still be convicted if jury doesn't rely on faulty instructions.
Criminal Law and Procedure Aug. 6, 1999
Henry v. Kernan
Defendant's confession is involuntary and therefore inadmissible if it is result of psychologically coercive questioning and unheeded requests for counsel.
Criminal Law and Procedure Aug. 6, 1999
People v. Hannah
If defendant's sentence doesn't include parole, it's inappropriate to impose a restitution fine.
Criminal Law and Procedure Aug. 5, 1999
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun.
Criminal Law and Procedure Aug. 5, 1999
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun.
Criminal Law and Procedure Aug. 5, 1999
Alvarez v. Gomez
Repeated inquiries into the availability of counsel is sufficient to invoke Miranda v. Arizona right to counsel.
Criminal Law and Procedure Aug. 5, 1999
People v. Peck
Defendant's defense of free exercise of religion to possession of marijuana charge is rejected.
Criminal Law and Procedure Aug. 5, 1999
People v. Falck
Stalking statute isn't unconstitutionally vague or overbroad and substantial evidence supports conviction.
Criminal Law and Procedure Aug. 5, 1999
People v. Ramos
First degree burglary is reduced to second degree if inhabitant is dead before defendant enters.
Criminal Law and Procedure Aug. 5, 1999
U.S. v. Angotti
Bank officials' location determines proper venue district for crime of making false statements to bank.
Criminal Law and Procedure Aug. 5, 1999
U.S. v. Miller
State law restoration of rights isn't bar to felon status for federal firearm possession prosecution.
Criminal Law and Procedure Aug. 5, 1999
In re Visciotti
No relief from death penalty if claim of ineffective assistance of counsel fails to show prejudice.
Criminal Law and Procedure Aug. 5, 1999
People v. Barriga
Court Can Reject Agreement WhichViolates Felony Plea Statute EvenAfter Plea Has Been Accepted.
Criminal Law and Procedure Aug. 5, 1999
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense.
Criminal Law and Procedure Aug. 5, 1999
Greenawalt v. Stewart
Defendant facing execution fails to provide sufficient reason to avoid dismissal of successive petition.
Criminal Law and Procedure Aug. 5, 1999
U.S. v. Green
Government needs reasonable notice of sentencing court's downward departure intent beyond presentence report recommendations.
Criminal Law and Procedure Aug. 5, 1999
Malone v. County of Kern Superior Court
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed.
Criminal Law and Procedure Aug. 4, 1999
People v. Sanders
Trial court's belief it lacked discretion to dismiss three strikes prior convictions necessitates resentencing.
Criminal Law and Procedure Aug. 4, 1999
People v. Lopez
Defendant must prove statute of limitations has run on crime of misappropriation of public funds.
Criminal Law and Procedure Aug. 4, 1999
U.S. v. LaFromboise
No double jeopardy in consecutive sentences for carrying firearm during drug crime and possessing unregistered firearm.
Criminal Law and Procedure Aug. 4, 1999
U.S. v. Ortega-Reyes
Court's reference to robbery sentencing guideline bars use of kidnapping guideline's reduction for victim release.
Criminal Law and Procedure Aug. 4, 1999
U.S. v. Littlefield
Defendant implicitly waives statute of limitations claim on appeal by pleading guilty pursuant to agreement.
Criminal Law and Procedure Aug. 4, 1999
People v. Pecci
Probation for defendants convicted of filming sexual conduct with a minor for noncommerical purposes is prohibited.
Criminal Law and Procedure Aug. 4, 1999
People v. Grant
Conviction stands if only one of three required acts of continuous molestation occurs after statute enacted.
Criminal Law and Procedure Aug. 4, 1999
People v. Hearon
Jury instruction defining reasonable doubt isn't defective for lack of certainty
Criminal Law and Procedure Aug. 4, 1999
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea.
Criminal Law and Procedure Aug. 4, 1999