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People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction.
Criminal Law and Procedure Aug. 3, 1999
People v. Robles
Government cannot appeal probation sentence, essentially seeking imposition of prison sentence.
Criminal Law and Procedure Aug. 3, 1999
People v. Flores
Driver knocked unconscious at scene of accident must provide identifying information immediately after regaining consciousness.
Criminal Law and Procedure Aug. 3, 1999
People v. Caceres
Three strikes law does not pre-empt statutory 15 percent precommitment conduct credit limitation.
Criminal Law and Procedure Aug. 3, 1999
People v. Gams
Relationship with victim after imposition of restraining order is not bar to criminal prosecution.
Criminal Law and Procedure Aug. 3, 1999
People v. Eldridge
After charges are refiled, defendant must deliver new demand for trial within 90 days.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Martinez-Villegas
Despite defendants' failure to receive acquittal on entrapment defense, entrapment evidence can be considered for sentencing.
Criminal Law and Procedure Aug. 2, 1999
People v. McClain
No mandated consecutive sentence for eluding a peace officer.
Criminal Law and Procedure Aug. 2, 1999
Warren v. Superior Court (Taylor)
Defense counsel's challenge for cause of trial judge for bias or prejudice isn't supported by record.
Criminal Law and Procedure Aug. 2, 1999
U.S. v. Acuna-Garcia
Officer's mistaken belief of mismatched license plat on vehicle may be considered in evaluating his reasonable suspicion.
Criminal Law and Procedure Aug. 1, 1999
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal.
Criminal Law and Procedure Aug. 1, 1999
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Collins
No prejudice inference from pretrial publicity if small percentage of venire panel has fixed guilt opinion.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Williams
Attempted kidnapping is crime of violence for career offender status.
Criminal Law and Procedure Jul. 30, 1999
People v. Burns
Defendant must complete diversion program five years before new arrest for second diversion eligibility.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. James
Overturning robbery counts for insufficient evidence isn't double jeopardy to remaining count resulting in mistrial.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Chiu
Government doesn't breach promise by using defendant's statements made in proffer session to prepare witnesses.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Ortland
Admission of weak evidence by defendant's business counsel is harmless error given strong guilt evidence.
Criminal Law and Procedure Jul. 29, 1999
Davis v. Crabtree
Possession of firearm isn't a violent crime for sentence reduction purposes under violent crime control statute.
Criminal Law and Procedure Jul. 29, 1999
Reutter v. Crandel
Issue statement in state habeas petition's prayer for relief can satisfy federal exhaustion requirement.
Criminal Law and Procedure Jul. 29, 1999
U.S. v. Thickstun
Defendant's inability to commit crime without government assistance doesn't establish defense of entrapment.
Criminal Law and Procedure Jul. 29, 1999
People v. Welch
Defendant's Statement to a PolygraphExaminer is Not Made in Course of Plea Negotiations.
Criminal Law and Procedure Jul. 29, 1999
People v. Davis
Passing forged check through building's walk-up window 'chute' constitutes 'entry' for burglary purposes.
Criminal Law and Procedure Jul. 29, 1999
People v. McKinney
Prosecution of robbery charge is barred after charge has been dismissed twice.
Criminal Law and Procedure Jul. 29, 1999
People v. Allen
Trial court's failure to show it had discretion to strike prior felony allegation requires remand.
Criminal Law and Procedure Jul. 29, 1999
People v. Martinez
Convictions for terrorist threats are supported by defendant's words and surrounding circumstances.
Criminal Law and Procedure Jul. 29, 1999
People v. Lloyd
Dismissal of defendant's appeal of sentence after pleading no contest to charges is error.
Criminal Law and Procedure Jul. 28, 1999
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case.
Criminal Law and Procedure Jul. 28, 1999
In re Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case.
Criminal Law and Procedure Jul. 28, 1999
U.S. v. Wells
Materiality of falsehood isn't element of crime of knowingly making false statements to federally-insured bank.
Criminal Law and Procedure Jul. 28, 1999