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U.S. v. Terrence
Compact of Free Association doesn't immunize Palauans from prosecution for illegal U.S. reentry after deportation.
Criminal Law and Procedure Jun. 7, 1999
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea.
Criminal Law and Procedure Jun. 7, 1999
People v. Fields
Testimony regarding number on defendant's pager isn't impermissible hearsay evidence.
Criminal Law and Procedure Jun. 7, 1999
People v. Haynes
Evidence supports finding defendant aided and abetted robbery occurring in two incidents of continuing nature.
Criminal Law and Procedure Jun. 7, 1999
People v. Brodit
Admission of child abuse victim's hearsay statements pursuant to statute doesn't violate due process.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Moore
Conviction based on conduct not illegal when defendant was arrested constitutes plain error
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Shannon
'Deliberate ignorance' jury instruction is appropriate if evidence shows defendant's actual knowledge letter contained threat.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Fisher
Defendant doesn't fail to appear when new appearance date set in his absence before original date.
Criminal Law and Procedure Jun. 7, 1999
Brown v. Myers
Defense counsel's failure to investigate, locate, and produce corroborating alibi witness is ineffective assistance of counsel.
Criminal Law and Procedure Jun. 7, 1999
Clarey v. Gregg
Extradition to Mexico for simple homicide doesn't violate dual criminality since act analogous to felony murder.
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
Totten v. Merkle
Defense counsel isn't ineffective for not mounting mental-state defense where evidence shows defendant planned murder.
Criminal Law and Procedure Jun. 6, 1999
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error.
Criminal Law and Procedure Jun. 6, 1999
People v. Snook
Subsequent offenses cannot be used to enhance sentence of conviction on earlier, first offense.
Criminal Law and Procedure Jun. 6, 1999
People v. Snook
Enhanced penalty for multiple drunken driving convictions applies regardless of order of offenses and convictions.
Criminal Law and Procedure Jun. 6, 1999
U.S. v. Mann
Under Insanity Defense Reformation Act, "maximum term authorized by law' refers to statutory limit for crime.
Criminal Law and Procedure Jun. 6, 1999
People v. Superior Court (Pipkin)
Sentencing court must set forth in writing reasons for striking defendants prior serious felony convictions.
Criminal Law and Procedure Jun. 6, 1999
People v. Fairbanks
Conviction and death sentence for torture and murder of woman while attempting rape is warranted.
Criminal Law and Procedure Jun. 6, 1999
U.S. v. Gutierrez-Cervantez
Alien who had counsel at prior judgment cannot collaterally attack it after illegal re-entry.
Criminal Law and Procedure Jun. 6, 1999
U.S. v. Bauer
In a prosecution for concealing assets, defendant's attorney client privilege is violated by bankruptcy attorney's testimony.
Criminal Law and Procedure Jun. 6, 1999
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error.
Criminal Law and Procedure Jun. 6, 1999
People v. Myers
Penal Code does not bar imposition of six-year enhancement on first-degree murder conviction.
Criminal Law and Procedure Jun. 6, 1999
People v. Ramirez
Probable cause to stop vehicle can be based on information furnished by another officer.
Criminal Law and Procedure Jun. 6, 1999
People v. Loeun
Criminal gang activity is proven by offense charged and proof of another offense by fellow gang member.
Criminal Law and Procedure Jun. 6, 1999
Carriger v. Stewart
Under miscarriage-of-justice exception to abuse-of-writ doctrine, habeas petitioner's evidence warrants new murder trial.
Criminal Law and Procedure Jun. 6, 1999
People v. Mills,
Elimination of court's discretion to dismiss prior 'strike' conviction does not violate separation of powers.
Criminal Law and Procedure Jun. 6, 1999
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant.
Criminal Law and Procedure Jun. 6, 1999
People v. Leblanc
Absent exigent circumstances, search of remainder of defendant's motel room for drugs violates Fourth Amendment.
Criminal Law and Procedure Jun. 6, 1999
Gray v. Maryland
Use of confession which substitutes blanks and word 'delete' for defendant's proper name is prohibited.
Criminal Law and Procedure Jun. 6, 1999
Correll v. Stewart
Counsel's failure to present available evidence during penalty phase requires evidentiary hearing on habeas claim.
Criminal Law and Procedure Jun. 6, 1999