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U.S. v. Ripinsky
Partner's disclosure of unauthorized use of funds to bank officer doesn't establish complete fraud defense.
Criminal Law and Procedure Jun. 8, 1999
U.S. v. Helton
No sentence reduction for non-secure custody escape after inmate's disappearance from unsupervised work outside prison camp.
Criminal Law and Procedure Jun. 8, 1999
People v. Anzalone
'Strong arm' robbery is a qualifying 'mentally disordered offender' offense.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Washman
Defendant not providing information about unconvicted drug activity isn't entitled to 'safety valve' sentencing benefits.
Criminal Law and Procedure Jun. 7, 1999
Hohn v. United States
Supreme Court has certiorari jurisdiction over applications for certificates of appealability in federal habeas proceedings.
Criminal Law and Procedure Jun. 7, 1999
People v. Harrison
Full firearm use enhancement sentence for consecutive term, rather than one-third middle term, is error.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Pierson
Witness' testimony describing threats to family to explain cooperation with government isn't prejudicial to defendant.
Criminal Law and Procedure Jun. 7, 1999
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Pierson
Witness' testimony describing threats to family to explain cooperation with government isn't prejudicial to defendant.
Criminal Law and Procedure Jun. 7, 1999
People v. Greenberger
Defendant's declarations against interest are admitted into joint trial without denying codefendant's confrontation right.
Criminal Law and Procedure Jun. 7, 1999
People v. Moore
For misappropriating public funds, sufficient evidence allows court's judicial notice of water district's state status.
Criminal Law and Procedure Jun. 7, 1999
People v. Moore
For misappropriating public funds, sufficient evidence allows court's judicial notice of water district's state status.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Lussier
Intent to use explosive device as weapon isn't necessary for possession by convicted felon conviction.
Criminal Law and Procedure Jun. 7, 1999
Stein v. Wood
District court has jurisdiction concurrent with appeals court over custody of habeas corpus petitioner.
Criminal Law and Procedure Jun. 7, 1999
Wharton v. Calderon
In federal habeas action, warden cannot be barred from interviewing potential witnesses outside deposition setting.
Criminal Law and Procedure Jun. 7, 1999
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences.
Criminal Law and Procedure Jun. 7, 1999
People v. Silvey
Defendant committing manslaughter against 'intruder' at friend's house isn't entitled to defense of habitation instruction.
Criminal Law and Procedure Jun. 7, 1999
People v. Spry
Jury isn't instructed correctly on magnitude of defendant's burden of proving affirmative defense.
Criminal Law and Procedure Jun. 7, 1999
Gerlaugh v. Stewart
Defense attorney isn't ineffective per se for not arguing against death penalty at sentencing hearing.
Criminal Law and Procedure Jun. 7, 1999
Bloom v. Calderon
Ineffective assistance of counsel results from not providing psychiatrist available evidence of defendant's mental illness.
Criminal Law and Procedure Jun. 7, 1999
People v. Chevalier
Verdict for drug conspiracy weight allegation doesn't require substantial involvement in the underlying offense element.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Johnson
In transporting minor for criminal sexual activity, 'intent' element applies to sexual conduct, not transporting victim.
Criminal Law and Procedure Jun. 7, 1999
People v. Dawson
Felony murder jury instruction is sufficient when prosecutor relies on 'natural and probable consequences' doctrine.
Criminal Law and Procedure Jun. 7, 1999
People v. Harrison
Sentence for one matter must reflect that enhancement carries term one-third of other enhancement.
Criminal Law and Procedure Jun. 7, 1999
People v. Superior Court (Blakely)
Lack of effective treatment for defendant's medical condition doesn't preclude extended commitment in state hospital.
Criminal Law and Procedure Jun. 7, 1999
People v. Gillispie
Refusal to strike prior is justified for defendant's numerous armed robberies over short period of time.
Criminal Law and Procedure Jun. 7, 1999
People v. Casillas
Defendant cannot withdraw plea when express condition subsequent to bargain, nonappearance at sentencing, occurs.
Criminal Law and Procedure Jun. 7, 1999
Spencer v. Kemna
Expiration of prisoner's sentence causes his habeas corpus petition challenging parole revocation to be moot.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Ramirez
Fourth Amendment doesn't hold officers to higher standard when 'no-knock' entry causes destruction of property.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Toothman
Defendant is permitted to withdraw guilty plea when sentenced to felony after pleading to misdemeanor.
Criminal Law and Procedure Jun. 7, 1999