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Name Category Published
Hopkins v. Reeves
State court in capital case needn't instruct jury on alternative offenses that aren't lesser included offenses. 		Criminal Law and Procedure Apr. 14, 1999
Muscarello v. United States
Person possessing gun in locked glove compartment or trunk during drug trafficking crime receives mandatory sentence. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Marin-Cuevas
Government may prove alienage element of crime of illegal re-entry by reference to immigration judge's findings. 		Criminal Law and Procedure Apr. 14, 1999
People v. Mathews
Conviction for evading police officer is reversed because officer was dressed in plainclothes. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Nagra
Discrepancies concerning number of individuals involved don't justify withdrawal of plea in alien smuggling case. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Klimavicius-Viloria
Nexus between defendants and United States under Maritime Drug Law Enforcement Act is question for court. 		Criminal Law and Procedure Apr. 14, 1999
People v. Theilen
Defendant and counsel may be excluded from suppression hearing under questionable California precedents. 		Criminal Law and Procedure Apr. 14, 1999
People v. Martin
Peremptory challenge of juror based on juror's views is permitted although those views are grounded in religion. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Rapal
Combined sentence of imprisonment plus supervised release can exceed maximum prison term allowed by statute. 		Criminal Law and Procedure Apr. 14, 1999
People v. Gonzalez
Lack of probable cause for arrest doesn't taint defendant's custodial confession to different crime. 		Criminal Law and Procedure Apr. 14, 1999
People v. Shaw
Represented defendant must show actual threat of deportation to withdraw no contest plea. 		Criminal Law and Procedure Apr. 14, 1999
Ramey on Habeas Corpus
Absent felony conviction for earlier robbery, sentence enhancement for current robbery conviction improper. 		Criminal Law and Procedure Apr. 14, 1999
People v. Barrera
Although commissioner's disqualification can't be waived, a party may not seek review of the issue if timely objection wasn't made. 		Criminal Law and Procedure Apr. 14, 1999
People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute. 		Criminal Law and Procedure Apr. 14, 1999
People v. Bonds
Although trial court can dismiss on its own motion if state claims inability to go forward, state can appeal dismissal. 		Criminal Law and Procedure Apr. 14, 1999
People v. Tillman
Failure to challenge use of prior rape conviction as element of current offense isn't ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 14, 1999
People v. Sargent
Conviction for child abuse involving infliction of pain and mental suffering doesn't require criminal negligence. 		Criminal Law and Procedure Apr. 14, 1999
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office. 		Criminal Law and Procedure Apr. 14, 1999
People v. Farael
Enforcement of confession of judgment in criminal case is proper when restitution is ordered. 		Criminal Law and Procedure Apr. 14, 1999
People v. Jennings
Attorney's refusal to present perjured testimony doesn't deny defendant effective assistance of counsel. 		Criminal Law and Procedure Apr. 14, 1999
People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Rodriguez-Moreno
Federal firearms statute violations can be prosecuted in any district where the crime of violence occurs. 		Criminal Law and Procedure Apr. 14, 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. 13, 1999
Wright v. Maddox
Prejudicial error occurs when prosecutor calls unsworn witness to elicit his refusal to testify and then elicits double hearsay that defendant threatened witness. 		Criminal Law and Procedure Apr. 13, 1999
Mitchell v. U.S.
Defendant who pleads guilty at trial doesn't waive right to remain silent at sentencing. 		Criminal Law and Procedure Apr. 13, 1999
People v. Bradley
Court's failure to impose or strike prior prison term enhancement leads to legally unauthorized sentence. 		Criminal Law and Procedure Apr. 13, 1999
People v. Sinclair
Defendant isn't entitled to manslaughter instruction in absence of evidence indicting passion or imperfect self-defense. 		Criminal Law and Procedure Apr. 13, 1999
U.S. v. Bennett
District court can't consider defendant's challenge to forfeiture order after defendant declined to appeal it. 		Criminal Law and Procedure Apr. 13, 1999
U.S. v. Lopez-Sandoval
Translator for drug operation isn't subject to sentence enhancement as organizer or leader of conspiracy. 		Criminal Law and Procedure Apr. 13, 1999
People v. Scott
Criminal defendant has no right of self-representation on appeal. 		Criminal Law and Procedure Apr. 13, 1999
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