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Name Category Published
People v. Hagen
Improper instruction on meaning of 'willfulness' in filing false tax return isn't reversible error. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Gomez-Gutierrez
Conviction for illegal re-entry after deportation doesn't require proof of actual notice of deportation hearing. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Edmo
Police may demand urine sample as part of search incident to drug-related arrest. 		Criminal Law and Procedure Jun. 10, 1999
People v. Lopez
Child annoyance isn't necessarily lesser included offense of committing lewd act on child under 14. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction. 		Criminal Law and Procedure Jun. 10, 1999
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible. 		Criminal Law and Procedure Jun. 10, 1999
U.S. v. Van Poyck
No extension of period to file challenge to sentence absent showing of extraordinary circumstances. 		Criminal Law and Procedure Jun. 10, 1999
People v. Tufono
During patdown search, officer cannot retrieve object from suspect's pocket that isn't weapon or contraband. 		Criminal Law and Procedure Jun. 9, 1999
U.S. v. Chan-Jimenez
Seizure occurs when officer retains driver's license with hand on gun and proceeds to investigate. 		Criminal Law and Procedure Jun. 9, 1999
People v. Davis
Defendant cannot collaterally challenge prior conviction on grounds of ineffective assistance of counsel. 		Criminal Law and Procedure Jun. 9, 1999
People v. Merfeld
Privilege against self-incrimination doesn't bar prosecution from questioning mentally disordered offender about his mental state. 		Criminal Law and Procedure Jun. 9, 1999
People v. Sylvester
Conduct-credit limitation for defendants convicted of violent felonies applies to preconviction custody. 		Criminal Law and Procedure Jun. 9, 1999
People v. $48,715 U.S. Currency
Absent factual nexus between search and unlawful detention, the detention doesn't terminate consent to search. 		Criminal Law and Procedure Jun. 9, 1999
People v. Gohdes
Late-night visits to minor's room through window, aren't sufficient to support finding of 'recurring access.' 		Criminal Law and Procedure Jun. 9, 1999
People v. Torres
Law enforcement entity spending money to purchase drugs doesn't become 'victim' entitled to restitution. 		Criminal Law and Procedure Jun. 9, 1999
People v. Smith
New sentence hearing is required where court believed it had no discretion to dismiss prior strikes. 		Criminal Law and Procedure Jun. 9, 1999
People v. Sanchez
Trial court isn't required to instruct jury on power to nullify the verdict. 		Criminal Law and Procedure Jun. 9, 1999
U.S. v. Boos
In grouping related offenses, 'victim' in federal child pornography statute means minor child depicted in photograph. 		Criminal Law and Procedure Jun. 9, 1999
U.S. v. Gutierrez-Alba
Temporary resident alien status under 'amnesty' statute isn't defense to unlawful re-entry after deportation for conviction. 		Criminal Law and Procedure Jun. 9, 1999
People v. Sisneros
Possession of device requiring assembly before it can be used as knife isn't dirk or dagger. 		Criminal Law and Procedure Jun. 9, 1999
People v. Sanchez
Trial court isn't required to instruct jury on power to nullify the verdict. 		Criminal Law and Procedure Jun. 9, 1999
People v. Banks
Remand is required when sentencing court erroneously believes it doesn't have power to dismiss strikes. 		Criminal Law and Procedure Jun. 9, 1999
U.S. v. Soliz
After 'Miranda' warnings, suspect's agreement to discuss citizenship doesn't allow questioning about alien smuggling. 		Criminal Law and Procedure Jun. 9, 1999
People v. Castillo
Defense counsel's failure to request voluntary intoxication instruction isn't ineffective where trial court gave adequate instruction. 		Criminal Law and Procedure Jun. 9, 1999
People v. Hagen
Filing of tax returns, not including embezzed money, supports conviction for filing false returns. 		Criminal Law and Procedure Jun. 9, 1999
People v. Crawford
Failure to instruct on presumption of innocence and prosecution's burden of proof is fatal to conviction. 		Criminal Law and Procedure Jun. 9, 1999
People v. Egbert
Claimed speedy trial violation, statutory or constitutional, does not survive guilty plea in misdemeanor prosecutions. 		Criminal Law and Procedure Jun. 9, 1999
People v. Ansaldo
Defendant's conduct clearly shows intent to commit lewd and lascivious acts sufficient to constitute attempt. 		Criminal Law and Procedure Jun. 8, 1999
State v. Brown (Miles)
Legislature's adoption of statute regarding set time limits which conflict with set time limits adopted by court violates separation of powers doctrine. 		Criminal Law and Procedure Jun. 8, 1999
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right. 		Criminal Law and Procedure Jun. 8, 1999
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