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Strickler v. Greene
Failure to establish cause and prejudice to excuse procedural default precludes defendant's "Brady" claim.
Criminal Law and Procedure Mar. 15, 1999
Extradition of Artt
General scheme for extradition of prisoners to United Kingdom doesn't violate separation of powers doctrine.
Criminal Law and Procedure Mar. 15, 1999
Elledge v. Florida
Order
Criminal Law and Procedure Mar. 15, 1999
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel.
Criminal Law and Procedure Mar. 15, 1999
U.S. v. Lugo
Defendant's failure to formally file motion to dismiss case, waives his right to a speedy trial pursuant to Speedy Trial Act.
Criminal Law and Procedure Mar. 12, 1999
People v. Krantz
Undercover agent's alleged offer to pay for protected artifacts doesn't support entrapment defense.
Criminal Law and Procedure Mar. 12, 1999
People v. Ranger Insurance Co.
Court loses jurisdiction to declare forfeiture of bail by failing to do so at master trial calendar hearing.
Criminal Law and Procedure Mar. 12, 1999
People v. Llamas
Court doesn't abuse discretion by resentencing defendant without first obtaining probation report.
Criminal Law and Procedure Mar. 12, 1999
County of Los Angeles v. National Automobile & Casualty Insurance Co.
Court can't order tolling of 180-day period for forfeiture of bail bond once period has expired.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Carter
Attempted suicide by overdose justifies drug-related supervised release conditions.
Criminal Law and Procedure Mar. 12, 1999
Johnson on Habeas Corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence.
Criminal Law and Procedure Mar. 12, 1999
People v. Hernandez
Hearsay exception regarding threats of harm involves sufficient indicia of reliability to be constitutional.
Criminal Law and Procedure Mar. 12, 1999
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant.
Criminal Law and Procedure Mar. 12, 1999
O'Connor v. Madera County Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate.
Criminal Law and Procedure Mar. 12, 1999
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details.
Criminal Law and Procedure Mar. 12, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money.
Criminal Law and Procedure Mar. 12, 1999
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Padilla-Mendoza
Automatic dismissal of jurors based on drug policy views is abuse of discretion but doesn't create presumptively biased jury.
Criminal Law and Procedure Mar. 12, 1999
People v. Johnson
Defendant who fails to register as sex offender for 3 months has intentionally and willfully failed to register.
Criminal Law and Procedure Mar. 12, 1999
Turner v. Duncan
Defense counsel in murder case renders ineffective assistance by failing to investigate or read case file.
Criminal Law and Procedure Mar. 12, 1999
Vargas v. Lambert
Mother of death row inmate has standing to seek stay based on inmate's alleged incompetence.
Criminal Law and Procedure Mar. 12, 1999
Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati
Order
Criminal Law and Procedure Mar. 12, 1999
Neder v. United States
Issue of materiality in mail and bank fraud case is properly not submitted to jury.
Criminal Law and Procedure Mar. 12, 1999
Vargas v. Lambert
Mother of death row inmate has standing to seek stay based on inmate's alleged incompetence.
Criminal Law and Procedure Mar. 12, 1999
People of the Territory of Guam v. Shymanovitz
Testimony regarding pronographic magazines found in home of child molestation defendant is excessively prejudicial.
Criminal Law and Procedure Mar. 12, 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. 12, 1999
People v. McGlothin
Trial court abuses its discretion by substituting its conclusions for the Legislature's in striking a prior offense.
Criminal Law and Procedure Mar. 12, 1999
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel.
Criminal Law and Procedure Mar. 12, 1999