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U.S. v. Wofford
Felon-in-possession doesn't have justification defense if last threat was five months before charged conduct.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Longoria
Defendant admitting facts supporting guilty plea doesn't satisfy requirement to advise of offense's elements.
Criminal Law and Procedure Jun. 26, 1999
People v. Milton
Resentencing is required when record is silent on whether judge exercised discretion to strike prior convictions.
Criminal Law and Procedure Jun. 26, 1999
People v. Trevino
No group bias if peremptory challenges are not based solely on group association.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Zelaya
Sentence enhancement for accomplice's death threat during robbery requires finding threat was reasonably foreseeable.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Fonseca-Caro
Defendant is vicariously liable for gun use by co-conspirator despite law requiring defendant's active firearm employment.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Jones
No requirement to use current Guidelines at resentencing and post-sentencing finances are usable to re-set fine.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Sablan
District court needn't gauge extent of departure from Sentencing Guidelines by analogy to other guidelines.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Paguio
Parent's confession clearing minor child is admissible under hearsay exception for inculpatory statement of unavailable witness.
Criminal Law and Procedure Jun. 26, 1999
People v. Williams
Failure to instruct jury on defendant's 'absence of flight' after committing crime doesn't violate due process.
Criminal Law and Procedure Jun. 26, 1999
People v. Clark
No relief for failure to instruct on enhancement elements if more favorable result is improbable.
Criminal Law and Procedure Jun. 26, 1999
People v. Lucas
Failure to instruct jury on target crimes aided and abetted by defendant is harmless error.
Criminal Law and Procedure Jun. 26, 1999
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Nieblas
Voluntary appearance at probation interview is not custodial interrogation triggering 'Miranda' rights.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Webb
Testimony regarding reasons criminals conceal weapons in cars' engine compartments is admissible as modus operandi evidence.
Criminal Law and Procedure Jun. 26, 1999
Parretti v. U.S.
Government must establish international extraditee is flight risk to justify no-bail detention pending extradition hearing.
Criminal Law and Procedure Jun. 26, 1999
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights.
Criminal Law and Procedure Jun. 26, 1999
People v. Vera
Appellate court errs in considering defendant's jury trial issue but correctly upholds court trial.
Criminal Law and Procedure Jun. 26, 1999
People v. Cole
Relitigation of whether defendant's prior convictions were brought separately isn't prohibited by double jeopardy prohibition.
Criminal Law and Procedure Jun. 26, 1999
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats.
Criminal Law and Procedure Jun. 26, 1999
People v. Farr
Defendants do not have to personallycommit sex crimes to be subject toconsecutive sentencing.
Criminal Law and Procedure Jun. 26, 1999
People v. Weems
Mandatory seat belt law violation constitutes 'concurrent unlawful act' under statute for driving under influence.
Criminal Law and Procedure Jun. 26, 1999
People v. Farr
Defendants do not have to personally commit sex crimes to be subject to consecutive sentencing.
Criminal Law and Procedure Jun. 26, 1999
People v. Mesce
Ex post facto law doesn't prevent conviction for firearm possession after prior misdemeanor assault conviction.
Criminal Law and Procedure Jun. 25, 1999
People v. Barriga
Court can reject agreement which violates felony plea statute even after plea has been accepted.
Criminal Law and Procedure Jun. 25, 1999
People v. Feinberg
Court's failure to reiterate materiality requirement in jury instruction on perjury charge is harmless error.
Criminal Law and Procedure Jun. 25, 1999
People v. Madrigal
Double-the-base-term limitation is inapplicable to school-zone enhancement for drug sentence.
Criminal Law and Procedure Jun. 25, 1999
People v. Fuhrman
Prior qualifying convictions don't have to be tried separately to be counted as separate strikes.
Criminal Law and Procedure Jun. 25, 1999
U.S. v. Hyde
Defendant cannot withdraw guilty plea after acceptance by district court.
Criminal Law and Procedure Jun. 25, 1999