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United States of America v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison.
Criminal Law and Procedure Jul. 15, 1999
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction.
Criminal Law and Procedure Jul. 15, 1999
People v. Bunn
Statute enlarging limitations for molestation charge doesn't apply to offenses occurring prior to 1988.
Criminal Law and Procedure Jul. 15, 1999
People v. Cardenas
Defendants do not have right to question potential jurors about three strikes law.
Criminal Law and Procedure Jul. 15, 1999
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony.
Criminal Law and Procedure Jul. 15, 1999
U.S. v. Sayetsitty
Jury must be instructed voluntary intoxication can negate specific intent for aiding and abetting murder.
Criminal Law and Procedure Jul. 15, 1999
U.S. v. Kallin
Jeopardy attaching in original tax-fraud trial continues through retrial after IRS's imposition of civil penalty.
Criminal Law and Procedure Jul. 15, 1999
United States v. Gonzales
Mandatory federal firearms sentence cannot run concurrently with any other state or federal prison term.
Criminal Law and Procedure Jul. 15, 1999
Garcia v. Superior Court (People)
Defendant cannot challenge prior conviction for ineffective counsel assistance during current prosecution for noncapital case.
Criminal Law and Procedure Jul. 15, 1999
In re Gutierrez
Relitigation of issues from previous case does not constitute 'new trial' of case.
Criminal Law and Procedure Jul. 15, 1999
People v. Huggins
Theft of purse touching owner's foot constitutes grand theft from the person.
Criminal Law and Procedure Jul. 15, 1999
U.S. v. Romeo
Acquittal on possession count collaterally estops relitigating importation deadlocked count since defendant's knowledge already litigated.
Criminal Law and Procedure Jul. 15, 1999
People v. Nguyen
Petty thief with two felony priors, including theft, is properly sentenced to 25 years to life.
Criminal Law and Procedure Jul. 14, 1999
People v. Calderon
Videotaped statements to police are admissible since defendant didn't ask for counsel while in custody.
Criminal Law and Procedure Jul. 14, 1999
People v. Gaines
Prosecutor's statements informing jury why defense witness didn't testify is misconduct warranting reversal of probation.
Criminal Law and Procedure Jul. 14, 1999
State v. White
Aggravating circumstance of murder in anticipation of pecuniary gain isn't offset by nonstatutory mitigating factors.
Criminal Law and Procedure Jul. 14, 1999
People v. Short
Out-of-state conviction without elements of California offense cannot enhance sentence under 'one strike' law.
Criminal Law and Procedure Jul. 13, 1999
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding.
Criminal Law and Procedure Jul. 13, 1999
People v. Espino
Trial court must impose mandatory sentence provided by statute for forcible rape with deadly weapon.
Criminal Law and Procedure Jul. 13, 1999
Richards v. Wisconsin
Fourth Amendment doesn't permit blanket exception to knock-and-announce requirement for felony drug investigations.
Criminal Law and Procedure Jul. 13, 1999
People v. Gallegos
Jury is instructed correctly on elements of provocative act theory of murder.
Criminal Law and Procedure Jul. 12, 1999
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries.
Criminal Law and Procedure Jul. 11, 1999
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling.
Criminal Law and Procedure Jul. 11, 1999
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding.
Criminal Law and Procedure Jul. 11, 1999
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.'
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Garcia
Maximum supervised release periods in Anti-Drug Abuse Act override shorter terms of general sentencing statute.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Stoddard
For double jeopardy, unitary enterprise's enlarged scope and changed participant roles don't create multiple conspiracies.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Garcia-Olmedo
Successive marijuana-possessions are aggravated felonies under Immigration and Nationality Act's criminal provisions.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Tsinhnahijinnie
Proof is insufficient to prove defendant committed crime charged on any date included within indictment.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Chee
No third acceptance of responsibility point for defendant pleading guilty just before trial after victim recants.
Criminal Law and Procedure Jul. 10, 1999