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U.S. v. Ramos-Oseguera
No joint participant exception to spousal testimonial privilege can compel an unwilling witness to testify against husband.
Criminal Law and Procedure Jun. 25, 1999
U.S. v. Ely
Director allegedly causing bank to pay excessive dividends supports charge of defrauding bank.
Criminal Law and Procedure Jun. 25, 1999
U.S. v. Delacorte
For carjacking conviction, defendant doesn't have to force victim to leave vehicle.
Criminal Law and Procedure Jun. 25, 1999
People v. Cortez
No requirement to advise defendant before plea of limited prison credits due to three strikes law.
Criminal Law and Procedure Jun. 25, 1999
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury.
Criminal Law and Procedure Jun. 24, 1999
Malone v. Superior Court (People)
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed.
Criminal Law and Procedure Jun. 24, 1999
People v. Williams
Defendant's motion to suppress must contain sufficient information for state to know what evidence it needs to present in response.
Criminal Law and Procedure Jun. 24, 1999
People v. Martinez
Defendant's extensive criminal history, justifies life imprisonment sentence, and isn't considered cruel and unusual punishment under state law.
Criminal Law and Procedure Jun. 24, 1999
People v. Lopez
Gang member who refuses to testify in presence of jury, and who claims improper privilege, may be held in contempt of court.
Criminal Law and Procedure Jun. 24, 1999
People v. Keelen
Court has discretion to determine length of term to be tripled under three strikes law.
Criminal Law and Procedure Jun. 24, 1999
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.'
Criminal Law and Procedure Jun. 24, 1999
People v. Rodriguez
Defendant excluded from California Rehabilitation Center for medical reasons is entitled to worktime credits.
Criminal Law and Procedure Jun. 24, 1999
People v. Pastrano
Absent speculation, defendant offers no evidence of actual interest conflict between four 'associated' defense attorneys.
Criminal Law and Procedure Jun. 24, 1999
U.S. v. Hernandez
Defendant's corroborated admission of foreign birth is admissible to show alienage for illegal re-entry prosecution.
Criminal Law and Procedure Jun. 24, 1999
People v. Monreal
Probation report including defendant's admissions qualifies as part of conviction record and admissible hearsay.
Criminal Law and Procedure Jun. 24, 1999
People v. Chinchilla
Intent to kill two victims in attempted murder trial can be inferred by jury from evidence.
Criminal Law and Procedure Jun. 24, 1999
People v. Andrews
Trial court doesn't err in exercising discretion to sentence defendant to two concurrent three strikes terms.
Criminal Law and Procedure Jun. 24, 1999
U.S. v. Alexander
Suppressed confession due to defendant's intoxication doesn't become admissible by impeachment of witnesses regarding incapacity.
Criminal Law and Procedure Jun. 24, 1999
U.S. v. Ely
Director allegedly causing bank to pay excessive dividends supports charge of defrauding bank.
Criminal Law and Procedure Jun. 24, 1999
Bazzanella v. Tucson City Court
Defendant charged with misdemeanor child abuse isn't entitled to jury trial.
Criminal Law and Procedure Jun. 23, 1999
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats.
Criminal Law and Procedure Jun. 23, 1999
People v. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries.
Criminal Law and Procedure Jun. 23, 1999
Gretzler v. Stewart
No due process violation for not appointing independent psychiatrist to aid capital defendant's insanity defense.
Criminal Law and Procedure Jun. 23, 1999
U.S. v. McCrickard
Amendment giving magistrates authority to try minor offenses without defendant's consent is constitutional.
Criminal Law and Procedure Jun. 23, 1999
U.S. v. Arteaga
For money-laundering, customer provided information on telegraph carrier's form is admissible against defendant-declarant.
Criminal Law and Procedure Jun. 23, 1999
People v. Marzet
Enhancement for narcotics offense within school zone applies to conspiracy conviction if overt acts near school.
Criminal Law and Procedure Jun. 23, 1999
People v. Howard
Joyriding is specific intent crime requiring finding of unpermitted taking for temporary use or operation.
Criminal Law and Procedure Jun. 23, 1999
People v. Glenn
Government has right to relitigate suppression motion a second time regardless of when it was granted.
Criminal Law and Procedure Jun. 23, 1999
People v. Milosavljevic
Prior assault conviction justifies sentencing enhancement although original sentencing court stayed term for assault enhancement.
Criminal Law and Procedure Jun. 23, 1999
People v. Amwest Surety Insurance Co.
Court doesn't lose jurisdiction to declare forfeiture by not doing so at defendant's first nonappearance.
Criminal Law and Procedure Jun. 23, 1999