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Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement.
Criminal Law and Procedure May 25, 1999
People v. Hill
Pervasive misconduct by prosecutor and multiple prejudicial errors require reversal of conviction and death sentence.
Criminal Law and Procedure May 25, 1999
People v. DeSimone
Two 'multiple victim' circumstance findings may be made in single case under 'one strike' law.
Criminal Law and Procedure May 25, 1999
In re Betts
Code of Civil Procedure and Penal Code don't conflict when enforcing restitution from inmate's trust.
Criminal Law and Procedure May 25, 1999
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts.
Criminal Law and Procedure May 25, 1999
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement.
Criminal Law and Procedure May 25, 1999
Vickers v. Stewart
Refusal to test for brain disorder doesn't deny due process where test can't resolve ultimate issue.
Criminal Law and Procedure May 25, 1999
Lagrand v. Stewart
Determination of prejudice by defendant's counsel's alleged deficiencies isn't necessary if counsel's performance not deficient.
Criminal Law and Procedure May 25, 1999
U.S. v. Balsys
Privilege against self-incrimination doesn't apply if only risk of prosecution is in a foreign country.
Criminal Law and Procedure May 25, 1999
U.S. v. Cabrales
Money laundering prosecution can't proceed in Missouri because acts constituting crime took place in Florida.
Criminal Law and Procedure May 25, 1999
Buchanan v. Angelone
Absence of jury instructions on concept of mitigation doesn't violate Eight and Fourteenth Amendments.
Criminal Law and Procedure May 24, 1999
U.S. v. Lin
Specific intent is required in the federal crimes of hostage-taking and making ransom demands.
Criminal Law and Procedure May 24, 1999
U.S. v. Graves
Accessory after the fact to felon in possession of firearm must know of primary offender's felony.
Criminal Law and Procedure May 24, 1999
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury.
Criminal Law and Procedure May 24, 1999
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulable facts.
Criminal Law and Procedure May 24, 1999
People v. Buena Vista Mines Inc.
Felony complaint for violation of Porter-Cologne Water Quality Control Act is reinstated after improper dismissal.
Criminal Law and Procedure May 24, 1999
U.S. v. Barragan-Devis
Failure to inform defense counsel of juror's question during deliberations is harmless error.
Criminal Law and Procedure May 24, 1999
Selam v. Warm Springs Tribal Correctional Facility
Witnesses failure to appear isn't violation of compulsory process where defendant failed to subpoena them.
Criminal Law and Procedure May 24, 1999
People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings.
Criminal Law and Procedure May 22, 1999
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement.
Criminal Law and Procedure May 22, 1999
People v. Melhado
Failure to instruct jury on unanimity is reversible error.
Criminal Law and Procedure May 22, 1999
Calderon v. U.S. District Court (Taylor)
Court can allow habeas petitioner to delete unexhausted claims and hold petition pending state court litigation.
Criminal Law and Procedure May 22, 1999
Bonillas v. Hill
Double jeopardy isn't violated by resubmitting issue of degree of murder to undischarged jury.
Criminal Law and Procedure May 22, 1999
People v. O'Roark
Conviction sustained before offense was listed as serious may be strike if listed on June 30, 1993.
Criminal Law and Procedure May 22, 1999
Calderon v. District Court (Ralph International Thomas)
District court may hold habeas corpus petition in abeyance while unexhausted claims are litigated in state court.
Criminal Law and Procedure May 22, 1999
U.S. v. Montoya-Longoria
Order
Criminal Law and Procedure May 21, 1999
U.S. v. Bolton
Order
Criminal Law and Procedure May 21, 1999
People v. Smith
Court has authority to reduce a previously imposed, but suspended, sentence after revoking defendant's probation.
Criminal Law and Procedure May 21, 1999
People v. Lee
No sentencing hearing is required when case is remanded for determination of whether to strike prior.
Criminal Law and Procedure May 21, 1999
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty of reckless driving caused by fear.
Criminal Law and Procedure May 21, 1999