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Caravalho v. Pugh
Appeal is barred by successive writ limitation doesn't render remedy inadequate.
Criminal Law and Procedure Apr. 27, 1999
Robinson v. Massie
Order
Criminal Law and Procedure Apr. 27, 1999
State v. Thompson
For forgery conviction, intent to defraud can be based on intent to cause pecuniary loss or gain.
Criminal Law and Procedure Apr. 27, 1999
Lambright v. Stewart
The due process clause doesn't permit a trial court to experiment with the use of dual juries in a capital case.
Criminal Law and Procedure Apr. 26, 1999
Davis v. Kramer
Federal habeas corpus writ properly granted when state attorney's 'no-merit' brief violates constitutional right.
Criminal Law and Procedure Apr. 26, 1999
U.S. v. LaValle
Review of federal sentence, that includes enhancement based on now stricken prior state conviction, is proper.
Criminal Law and Procedure Apr. 26, 1999
Siripongs v. Calderon
Newspaper article reporting state's belief that a known accomplice was involved isn't sufficient for habeas relief.
Criminal Law and Procedure Apr. 26, 1999
U.S. v. Yossunthorn
Attempted possession with intent to distribute heroin not substantiated absent evidence of substantial step toward possession of the heroin.
Criminal Law and Procedure Apr. 26, 1999
U.S. v. Gillam
Defense counsel's portrayal of client as unwitting dupe of co-defendant isn't sufficient to show antagonistic defenses requiring severance.
Criminal Law and Procedure Apr. 26, 1999
United States v. Jackson
Jury acquittal on distribution charge doesn't bar sentencing court from considering distribution object in related conspiracy conviction.
Criminal Law and Procedure Apr. 26, 1999
Davis v. Kramer
Federal habeas corpus writ properly granted when state attorney's 'no-merit' brief violates constitutional right.
Criminal Law and Procedure Apr. 26, 1999
U.S. v. Sours
Order
Criminal Law and Procedure Apr. 26, 1999
U.S. v. Aldana
Order
Criminal Law and Procedure Apr. 26, 1999
Cobley v. Klinger
Order
Criminal Law and Procedure Apr. 23, 1999
McLaughlin v. United States Parole Commission
Order
Criminal Law and Procedure Apr. 22, 1999
U.S. v. Checora
Degrees of upward departure from sentencing guidelines must be supported by particularized findings.
Criminal Law and Procedure Apr. 22, 1999
In Re Jenkins
Defendant is denied effective assistance of counsel when attorney fails to discover previously filed peremptory challenge against trial judge.
Criminal Law and Procedure Apr. 22, 1999
People v. Tillman
Imposition of penalty assessments, when there's no fine upon which to base it, is improper.
Criminal Law and Procedure Apr. 22, 1999
U.S. v. Jones
Order
Criminal Law and Procedure Apr. 22, 1999
U.S. v. Hernandez-Bustamonte
Order
Criminal Law and Procedure Apr. 22, 1999
People v. Manriquez
Non-gang member is liable as aider and abettor for firing gun at rivals of his gang-member friend.
Criminal Law and Procedure Apr. 21, 1999
People v. Simonton
Erroneous jury instruction on assault, that misstates mens rea requirement, is harmless in light of attempted murder conviction.
Criminal Law and Procedure Apr. 21, 1999
People v. Aubrey
Tactical decision to concede that defendant carried a 'dirk or dagger' isn't ineffective assistance of counsel.
Criminal Law and Procedure Apr. 21, 1999
State v. Poplar
Prior acts of domestic violence are admissible against defendant charged with rape.
Criminal Law and Procedure Apr. 21, 1999
People v. Angel
An arrest, as opposed to issuance of an arrest warrant, doesn't qualify as commencement of prosecution within limitation period.
Criminal Law and Procedure Apr. 21, 1999
People v. Otis
Attorney for mentally disordered offender can waive jury on defendant's behalf.
Criminal Law and Procedure Apr. 21, 1999
People v. Oganesyan
Statute that provides for additional restitution fine is inapplicable if defendant's sentence doesn't currently allow for parole.
Criminal Law and Procedure Apr. 21, 1999
Broden v. Marin Humane Society
Owner of seized animals no longer has possessory interest when he fails to assure that animals will be provided with necessary care.
Criminal Law and Procedure Apr. 21, 1999
People v. Williams
Defendant's motion to suppress must contain sufficient information for state to know what evidence it needs to present in response.
Criminal Law and Procedure Apr. 21, 1999
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds are for same loss.
Criminal Law and Procedure Apr. 21, 1999