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People v. Reyes
Evidence of mental disorder and intoxication is admissible to refute essential element of crime.
Criminal Law and Procedure Jul. 19, 1999
People v. Sanchez
Defendant cannot be ordered to give blood and handprints under statute not including attempted murder.
Criminal Law and Procedure Jul. 19, 1999
People v. Gaines
Prosecutor commits misconduct by attempting to tell jury why defense witness did not testify.
Criminal Law and Procedure Jul. 19, 1999
Ng v. Superior Court (People)
Discretion is abused by relieving appointed defense counsel absent factual showing of impairment by representation.
Criminal Law and Procedure Jul. 19, 1999
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Washington
Evidence that accomplice had gun supports conviction for 'use' of firearm during crime of violence.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Bonat
Plea transcripts are used to determine status of prior convictions under Armed Career Criminal Act.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Flores-Uribe
Sentencing court lacks jurisdiction to issue deportation order at defendant's request without request from INS.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause.
Criminal Law and Procedure Jul. 19, 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
U.S. v. Mendoza
Jurisdiction isn't lost after prosecutor with defective appointment appears post-indictment and conducts case.
Criminal Law and Procedure Jul. 19, 1999
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction.
Criminal Law and Procedure Jul. 19, 1999
Bates v. United States
Specific intent to injure or defraud government isn't element of misapplying federally-insured student loan funds.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Gilcrist
Determining 15-year offense cutoff for criminal history, parole to serve consecutive sentence ends prior term.
Criminal Law and Procedure Jul. 18, 1999
U.S. v. Kim
De novo review is required for district court's decision on authority to consent to search.
Criminal Law and Procedure Jul. 18, 1999
U.S. v. Lopez
Sentence can be reduced for prejudice to defendant after government misconduct during plea negotiations.
Criminal Law and Procedure Jul. 18, 1999
People v. Pulido
Aider and abettor after robbery and killing is not guilty of first degree murder.
Criminal Law and Procedure Jul. 18, 1999
Jones v. Kiger
Retrial barred after mistrial granted over defendant's objections.
Criminal Law and Procedure Jul. 15, 1999
State v. Cutright
Instance where person fires gun into occupied house and is found driving in his car shortly thereafter supports a jury instruction of defendant's potential 'flight.'
Criminal Law and Procedure Jul. 15, 1999
State v. Clabourne
Consecutive sentences imposed for defendant's noncapital charges improper where death penalty is affirmed.
Criminal Law and Procedure Jul. 15, 1999
State v. Valenzuela
Failure to give instruction on lesser included offense of manslaughter is reversible error when it might have contributed to murder conviction.
Criminal Law and Procedure Jul. 15, 1999
State v. Harrison
Trial court's failure to state on the record, at time of sentencing, reasons for not imposing presumptive sentence is structural error.
Criminal Law and Procedure Jul. 15, 1999
State v. Murray
Legislature may not retroactively overturn court decision making certain defendants eligible for parole.
Criminal Law and Procedure Jul. 15, 1999
State v. Brown
Driving on a suspended license is not a lesser included offense to Aggravated DUI when it is not included in the indictment.
Criminal Law and Procedure Jul. 15, 1999