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People v. Ledesma
Future ability to pay from prison earnings supports restitution orders.
Criminal Law and Procedure Jun. 17, 1999
People v. Rudd
Delay in asserting right of self-representation, followed by silence when counsel is appointed, constitutes waiver.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. McKittrick
Killing of wolf that was member of protected experimental population violates Endangered Species Act.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Whitecotton
Drugs sold to agent without defendant's knowledge don't count toward quantity for sentencing purposes.
Criminal Law and Procedure Jun. 17, 1999
People v. Douglas
Order suspending defendants sentence, granting probation, and declaring charged offenses to be misdemeanors isnt appealable.
Criminal Law and Procedure Jun. 16, 1999
People v. Santana
Narcotics officer doesn't violate Fourth Amendment by squeezing checked luggage to smell expelled air.
Criminal Law and Procedure Jun. 16, 1999
People v. Denison
Probation search condition justifies investigative stop of vehicle in which probationer is a passenger.
Criminal Law and Procedure Jun. 16, 1999
People v. Caird
'Not guilty' notation on verdict form regarding lesser offense doesn't void conviction of greater offense.
Criminal Law and Procedure Jun. 16, 1999
U.S. v. Watts
Sentencing courts can consider defendants' conduct regarding charges resulting in acquittals.
Criminal Law and Procedure Jun. 16, 1999
People v. Harbolt
Judicial notice of appellate opinion affirming defendants conviction is permitted as proof of prior conviction.
Criminal Law and Procedure Jun. 16, 1999
U.S. v. Stockdale
Sentence reduction based on downgrade of marijuana weight equivalencies doesn't include benefit of 'safety valve' statute.
Criminal Law and Procedure Jun. 16, 1999
Breard v. Greene
Alien isn't entitled to habeas relief or execution stay for Vienna Convention on Consular Relations violation.
Criminal Law and Procedure Jun. 16, 1999
Campbell v. Louisiana
White defendant has standing for Fourteenth Amendment objection to exclusion of blacks from grand jury.
Criminal Law and Procedure Jun. 16, 1999
People v. Bryden
Ineffective assistance of counsel isn't found when reasonable probability doesn't exist that outcome would be different.
Criminal Law and Procedure Jun. 16, 1999
People v. Rodarte
Making terrorist threats is crime of force or violence under mentally disordered offender statute.
Criminal Law and Procedure Jun. 16, 1999
People v. Robinson
Mentally disordered offender statute is non-penal and doesn't violate ex post facto clauses.
Criminal Law and Procedure Jun. 16, 1999
Miles v. Stainer
Time period specified in order granting conditional habeas relief ordinarily runs from date mandate issues.
Criminal Law and Procedure Jun. 16, 1999
U.S. v. Ladum
Defendant may be prosecuted for witness tampering under statute predating Victim and Witness Protection Act.
Criminal Law and Procedure Jun. 16, 1999
People v. Perry
Co-defendant can use evidence on own behalf even though it was suppressed in defendant's case.
Criminal Law and Procedure Jun. 16, 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. 16, 1999
People v. Avila
Defendant's suppression motion is denied since officer found drugs during valid stop and frisk.
Criminal Law and Procedure Jun. 16, 1999
People v. Bamba
False imprisonment statute is neither unconstitutionally vague nor overbroad.
Criminal Law and Procedure Jun. 16, 1999
People v. Hinks
Defendants can be convicted of receiving stolen property despite being principals in property theft.
Criminal Law and Procedure Jun. 16, 1999
People v. Morgan
After victim changes story at trial, expert testimony of battered women's syndrome can be admitted.
Criminal Law and Procedure Jun. 16, 1999
People v. Aguilar
'Cruel or extreme pain and suffering' and other terms in torture statute aren't unconstitutionally vague.
Criminal Law and Procedure Jun. 16, 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 Jun. 16, 1999
Zachary v. Superior Court (People)
Failure to petition for extended commitment until one month after expiration of commitment violates due process.
Criminal Law and Procedure Jun. 15, 1999
Turner v. Marshall
No valid challenge to African-American juror for aversion to gory pictures given white juror's greater squeamishness.
Criminal Law and Procedure Jun. 15, 1999
People v. Vong
Resentencing necessary after trial court erroneously believes it lacks discretion to strike defendant's prior conviction.
Criminal Law and Procedure Jun. 15, 1999
People v. Callahan
Prior out-of-state conviction, when defendant was a minor, is 'strike' if Penal Code criteria met.
Criminal Law and Procedure Jun. 15, 1999