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People v. Rosbury
Appellate court errs by equating 'sentence' imposition following defendant's probation violation with a current conviction.
Criminal Law and Procedure Jul. 26, 1999
People v. Lamonte
Court must return computer equipment seized by police and allegedly used by defendant for crimes.
Criminal Law and Procedure Jul. 26, 1999
Miles v. Stainer
Defendant's failure to take psychotropic medication two weeks before guilty plea raises competency reasonable doubts.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Viltrakis
Defendant lacks standing to appeal amount of fees ordered to be paid to defense witness.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Merriam
Securities dealer's lifetime bar from national association doesn't preclude subsequent fraud prosecution for same acts.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Webster
Face value of uncut counterfeit bills determines level of sentence enhancement for passing counterfeit currency.
Criminal Law and Procedure Jul. 26, 1999
Moore v. Calderon
Habeas relief provided after state court denies murder defendant's self-representation request weeks before trial.
Criminal Law and Procedure Jul. 26, 1999
Martin v. U.S. Parole Commission
Parole Commission retains jurisdiction over parolee as mandated by parole statute despite repeal of statute.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Harris
Federal bank robbery statute requires prosecutor to establish a connection to interstate commerce.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Mendoza
Federal district of alleged crime is venue for prosecuting aiding and abetting drug possession for distribution.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Clayton
Telephones, cellular phone cloning tools and ID numbers are state commerce instrumentalities under commerce clause regulation.
Criminal Law and Procedure Jul. 26, 1999
Young v. Harper
Defendant ordered back to prison after being granted early release is denied due process.
Criminal Law and Procedure Jul. 26, 1999
Salinas v. United States
Deputy sheriff's conviction for bribery, after allowing female 'contact visits' with federal prisoner, is justified.
Criminal Law and Procedure Jul. 26, 1999
People v. Houck
Preliminary hearing transcript isn't part of 'record of conviction and isn't admissible.
Criminal Law and Procedure Jul. 26, 1999
People v. Robinson
Court's refusal to appoint indigent defendant's chosen attorney at retrial isn't abuse of discretion.
Criminal Law and Procedure Jul. 25, 1999
Calderon v. U.S. District Court (Gordon)
State cannot challenge capital habeas corpus petitioner's request under Anti-Drug Abuse Act for investigation funds.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Morales
Expert witness' opinion on predicate matter allows jury to infer whether defendant had required mens rea.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Eshkol
Government's addition of charge after learning of defense theory does not implicate due process concerns.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds.
Criminal Law and Procedure Jul. 25, 1999
People v. Gardeley
Defendant's prior offenses don't have to be gang related to satisfy statutory enhancements for gang activity.
Criminal Law and Procedure Jul. 25, 1999
Duran v. Superior Court (People)
Defendant is entitled to hearing on request for juror's personal information based on possible juror misconduct.
Criminal Law and Procedure Jul. 25, 1999
People v. Jefferson
Three strikes law is inapposite to defendant with one strike and term for current offense is indeterminate.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Orendain
Order
Criminal Law and Procedure Jul. 23, 1999
State v. Kayer
Potentially invalid plea agreement can't be challenged for the first time on appeal.
Criminal Law and Procedure Jul. 22, 1999
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause.
Criminal Law and Procedure Jul. 20, 1999
Maryland v. Wilson
Officer making traffic stop can order passengers out of car pending completion of stop.
Criminal Law and Procedure Jul. 20, 1999
Lynce v. Mathis
Statute canceling provisional release credits for prisoners violates the ex post facto clause.
Criminal Law and Procedure Jul. 20, 1999
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions.
Criminal Law and Procedure Jul. 19, 1999
People v. Torres
Court can require defendant convicted of drug offense to waive custody credits as condition of probation.
Criminal Law and Procedure Jul. 19, 1999
People v. Coley
Loss of exhibits by trial court doesn't warrant overturning conviction absent attempt to reconstruct evidence.
Criminal Law and Procedure Jul. 19, 1999