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Roberts v. Ward
Order
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Ortiz-Aparicio
Order
Criminal Law and Procedure Mar. 26, 1999
Rineer v. Leonardo
Person isn't subject to the Sexually Violent Predators statutes if he hasn't committed one of the predicate offenses.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Douglas
Gratuities scheme by corporation located in Northern California doesn't support venue in Northern District.
Criminal Law and Procedure Mar. 26, 1999
Canales v. Roe
No presumed prejudice from counsel's failure to file notice of appeal where petitioner was notified and did nothing.
Criminal Law and Procedure Mar. 26, 1999
People v. Martinez
No jurisdictional error in not imposing drug program fee against defendant, but laboratory analysis fee is excessive.
Criminal Law and Procedure Mar. 26, 1999
Carr on Habeas Corpus
Fifteen percent limit on pre-probation and sentence conduct credits doesn't apply when probation is granted.
Criminal Law and Procedure Mar. 26, 1999
Ensoniq Corp. v. Superior Court (Dattoro)
Items seized from individual must be returned after charges dropped despite competing civil ownership claim.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment.
Criminal Law and Procedure Mar. 26, 1999
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape.
Criminal Law and Procedure Mar. 26, 1999
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense.
Criminal Law and Procedure Mar. 26, 1999
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year.
Criminal Law and Procedure Mar. 26, 1999
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Gough
Hiring another to drive truck filled with drug proceeds and watching unloading of truck constitutes money laundering.
Criminal Law and Procedure Mar. 26, 1999
People v. Carr
Defendant may be convicted both of burglary and of receiving property stolen in burglary.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Garcia
Gang members' general agreement to support each other in fights doesn't prove conspiracy to commit assault.
Criminal Law and Procedure Mar. 26, 1999
People v. Jackson
Kidnapping incident consisting of one abduction and a continuous period of detention is a single criminal act.
Criminal Law and Procedure Mar. 26, 1999
People v. Rodriguez
Special circumstance of 'drive-by' murder is constitutional on its face and as applied.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Sandoval
Conviction for infraction of petty theft may be counted toward criminal history score.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Smith
Conviction for insider trading requires proof that defendant actually used material non-public information.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Kaczynski
Media's common law right of access outweighs defendant's privacy interest in content of psychiatric report.
Criminal Law and Procedure Mar. 26, 1999
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default.
Criminal Law and Procedure Mar. 26, 1999
People v. Burks
Custody credits waived after probation violation generally aren't recaptured when probation violated again.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Odedo
Court must explain nature of charges to defendant before accepting guilty plea.
Criminal Law and Procedure Mar. 26, 1999
In re David H.
Probation officer having authority of a peace officer in performance of official duties is a peace officer, and assault thereon is aggravated assault.
Criminal Law and Procedure Mar. 25, 1999
U.S. v. McClelland
Order
Criminal Law and Procedure Mar. 25, 1999
Moreno v. Stewart
Trial court doesn't have to openly discuss validity of defendant's waiver of right to counsel before allowing self-representation.
Criminal Law and Procedure Mar. 24, 1999