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Name Category Published
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise. 		Criminal Law and Procedure Jul. 10, 1999
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance. 		Criminal Law and Procedure Jul. 10, 1999
McDaniel v. U.S. District Court for the District of Nevada (Jones)
In capital defendant's federal habeas action, state's failure to immediately object undercuts relief from discovery order. 		Criminal Law and Procedure Jul. 10, 1999
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats. 		Criminal Law and Procedure Jul. 10, 1999
U.S. v. Kohli
Fraudulently derived funds transferred between conspirators can be used to enhance only one defendant's sentence. 		Criminal Law and Procedure Jul. 10, 1999
Langford v. Day
Defendant's claim of ineffective assistance of counsel doesn't warrant reversal of guilty plea or death sentence. 		Criminal Law and Procedure Jul. 10, 1999
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error. 		Criminal Law and Procedure Jul. 10, 1999
People v. Barriga
Defendant's sentence for sex offense can be amended two years later to include omitted AIDS test. 		Criminal Law and Procedure Jul. 9, 1999
People v. Preller
Jury instruction correctly states elements of crime of child abuse resulting in death. 		Criminal Law and Procedure Jul. 9, 1999
Calderon v. U.S. District Court (Hill)
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. 		Criminal Law and Procedure Jul. 9, 1999
U.S. v. Bancalari
Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping. 		Criminal Law and Procedure Jul. 9, 1999
People v. Rusco
Simple possession charge is lesser included offense to possession of some marijuana for sale. 		Criminal Law and Procedure Jul. 9, 1999
People v. Adames
Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment. 		Criminal Law and Procedure Jul. 9, 1999
People v. Gallegos
Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges. 		Criminal Law and Procedure Jul. 9, 1999
People v. Ritter
Removal and search of fanny pack belonging to man detained but not arrested is permissible. 		Criminal Law and Procedure Jul. 9, 1999
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed. 		Criminal Law and Procedure Jul. 9, 1999
Villafuerte v. Stewart
Trial court doesn't err by not giving lesser included instruction in felony murder trial. 		Criminal Law and Procedure Jul. 9, 1999
U.S. v. Miguel
Sequestered defendant must have contemporaneous electronic communication with counsel during taped deposition of child abuse victim. 		Criminal Law and Procedure Jul. 9, 1999
U.S. v. Padilla
Non-driver's status as coconspirator with car's owner does not confer standing to challenge police search. 		Criminal Law and Procedure Jul. 9, 1999
U.S. v. Amlani
Disparagement of defense counsel by government resulting in obtaining new lawyer is Sixth Amendment violation. 		Criminal Law and Procedure Jul. 9, 1999
U.S. v. Putra
Court can consider acquitted conduct at sentencing if it finds conduct true by preponderance of evidence. 		Criminal Law and Procedure Jul. 8, 1999
Foster v. Ward
Attorneys failure to present alibi evidence corroborating defendants testimony isnt ineffective assistance. 		Criminal Law and Procedure Jul. 8, 1999
Duncan v. Calderon
Anti-Terrorism and Effective Death Penalty Act applies retroactively to capital defendant's pending habeas petition. 		Criminal Law and Procedure Jul. 8, 1999
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction. 		Criminal Law and Procedure Jul. 8, 1999
People v. Soto
Claims of sentencing error are waived if specific objections aren't made at time of hearing. 		Criminal Law and Procedure Jul. 8, 1999
People v. Nichols
Court isn't required to instruct on the power of jury nullification, even if jury asks. 		Criminal Law and Procedure Jul. 8, 1999
People v. Crone
Failure to instruct on significance of reasonable doubt in choice between greater and lesser offenses is harmless. 		Criminal Law and Procedure Jul. 8, 1999
U.S. v. Hernandez
Felon firearm conviction is overturned after admission of unredacted felony judgment despite stipulation offer. 		Criminal Law and Procedure Jul. 7, 1999
U.S. v. Sotelo
Defendant's belief in sole allegiance to U.S. doesn't establish 'national' status as opposed to alien status. 		Criminal Law and Procedure Jul. 7, 1999
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction. 		Criminal Law and Procedure Jul. 7, 1999
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