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U.S. v. Pirro
Delay considering habeas motion challenging conviction until direct appeal resolved doesn't render motion ineffective.
Criminal Law and Procedure Jul. 6, 1999
People v. Watson
Robbery using a firearm and defendant's prior criminal involvement warrants 40 years to life imprisonment.
Criminal Law and Procedure Jul. 6, 1999
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction.
Criminal Law and Procedure Jul. 6, 1999
People v. Speegle
Jury instruction stating that conviction for animal neglect requires proof of civil negligence is improper.
Criminal Law and Procedure Jul. 6, 1999
People v. Green
Father's attempt to intimidate suspected abused child supports conviction for impeding police investigation.
Criminal Law and Procedure Jul. 5, 1999
Old Chief v. United States
Risking tainted verdict, court improperly spurns defendant's concession to prior judgment and admits full record.
Criminal Law and Procedure Jul. 5, 1999
Vacco v. Quill
New York's bar against assisted suicide does not violate equal protection provisions.
Criminal Law and Procedure Jul. 5, 1999
U.S. v. Patch
Deputy has authority to stop vehicle driving recklessly to determine if driver is tribal member.
Criminal Law and Procedure Jul. 5, 1999
People v. Hernandez
Admission of computer data showing no similar crimes in area before defendant's arrival is prejudicial.
Criminal Law and Procedure Jul. 5, 1999
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Newland
For base offense level for drug conspiracy, drug quantities imported and possessed by co-conspirators count.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Gutierrez
Federal prisoner cannot avoid successive motions prohibition by seeking statutory clarification of plea agreement.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Noriega-Sarabia
Technical defect from surety's insufficient net worth cannot serve to void bond and release surety.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Nash
In prosecution for submitting false documents to federally-insured lending institutions, materiality of statements needn't be proved.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Ooley
Warrantless search of probationer's home is valid only if it is probationary search, not investigative.
Criminal Law and Procedure Jul. 3, 1999
Nielsen v. Superior Court (People)
Defendant is not entitled to privileged, psychiatric records of co-defendant, who is not government witness.
Criminal Law and Procedure Jul. 3, 1999
Reid v. Superior Court (People)
Court cannot prohibit defendant from directly contacting rape victims during preparation of defense.
Criminal Law and Procedure Jul. 3, 1999
People v. Hooker
No suppression absent showing defendant's confession is product of third party's involuntary admission.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Perez
Invited error doctrine doesn't apply to defendant's unintentional relinquishment of right to correct jury instructions.
Criminal Law and Procedure Jul. 3, 1999
Turk v. White
Despite invalidity of conviction and life sentence, statute using prisoner's status to define offense is rational.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Rios-Favela
Court cannot depart from Sentencing Guidelines based on facts underlying predicate offense.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. LaBonte
Statutory sentence enhancements can be considered in fixing maximum sentences for career offenders.
Criminal Law and Procedure Jul. 2, 1999
U.S. v. Hyde
Defendant cannot withdraw guilty plea prior to sentencing absent showing of 'fair and just reason.'
Criminal Law and Procedure Jul. 2, 1999
Kansas v. Hendricks
Kansas Sexually Violent Predator Act's definition of mental abnormality satisfies substantive due process requirements.
Criminal Law and Procedure Jul. 2, 1999
Lindh v. Murphy
1996 Death Penalty Act amendment to federal habeas statute doesn't apply to pending noncapital case.
Criminal Law and Procedure Jul. 2, 1999
U.S. v. O'Hagan
Trading securities for personal profit using confidential information in breach of fiduciary duty is violation.
Criminal Law and Procedure Jul. 2, 1999
U.S. v. Colbert
Bank-fraud defendant cannot impeach co-conspirator with misdemeanor conviction for soliciting prostitute.
Criminal Law and Procedure Jul. 1, 1999
People v. Madrana
Restitution and penalty covering disposal of hazardous controlled substances are imposed against defendants jointly and severally.
Criminal Law and Procedure Jul. 1, 1999
People v. Castaneda
If conviction could be based on one of several different acts, court must give unanimity instruction.
Criminal Law and Procedure Jul. 1, 1999
People v. Kearns
Basis for necessity defense is risk of harm, not actual harm, caused by the illegal conduct.
Criminal Law and Procedure Jul. 1, 1999