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People v. Thygesen
Sufficient evidence of lost rental value and reasonable replacement value of like property is required for restitution.
Criminal Law and Procedure Mar. 4, 1999
Anthony v. Cambra
Amending stayed habeas corpus petition to add newly-exhausted claims denied.
Criminal Law and Procedure Mar. 4, 1999
State v. Medina
Evidence of gang membership is not a mitigating circumstance for sentencing purposes.
Criminal Law and Procedure Mar. 4, 1999
People v. Bennett
Defendants aren't entitled to advance new theories for suppressing evidence at second preliminary hearings.
Criminal Law and Procedure Mar. 3, 1999
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss.
Criminal Law and Procedure Mar. 3, 1999
Penn-White v. King
Order
Criminal Law and Procedure Mar. 3, 1999
Harris v. Booker
Order
Criminal Law and Procedure Mar. 3, 1999
State v. Fulminante
Hearsay statements reflecting victim's belief to establish defendant's future conduct are inadmissible.
Criminal Law and Procedure Mar. 3, 1999
Hirsch v. Secretary of the Army
Order
Criminal Law and Procedure Mar. 3, 1999
People v. Durant
Three strikes law requires consecutive sentences for crimes with different facts, committed on separate occasions.
Criminal Law and Procedure Mar. 3, 1999
Edelbacher v. Calderon
Federal habeas corpus petitioner can't challenge state conviction during retrial proceedings, absent unusual circumstances.
Criminal Law and Procedure Mar. 2, 1999
U.S. v. Sanchez-Rodriquez
Sentencing court may grant discretionary downward departure on any factor unless prohibited by Sentencing Guidelines.
Criminal Law and Procedure Mar. 2, 1999
People v. Murphy
Court's failure to impose five-year enhancement on defendant with prior serious felony conviction is error.
Criminal Law and Procedure Mar. 2, 1999
United States v. Beard
Prejudicial error occurs by court's substitution of alternate juror over defense objection after deliberations have commence.
Criminal Law and Procedure Mar. 2, 1999
People v. Garrett
Denial of a writ of habeas corpus is only reviewable by another writ petition for habeas corpus.
Criminal Law and Procedure Mar. 2, 1999
People v. Thomas
Court has discretion to impose either concurrent or consecutive sentences in case involving multiple crimes.
Criminal Law and Procedure Mar. 2, 1999
U.S. v. Navarro
Four-year time limit for federal prosecutor doesn't apply to Special Assistant United States Attorney.
Criminal Law and Procedure Mar. 2, 1999
People v. Sanders
Theft of real property requires alleged defendant to have made false representation to true owner.
Criminal Law and Procedure Mar. 2, 1999
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child.
Criminal Law and Procedure Mar. 2, 1999
People v. Massie
No double jeopardy where defendant sentenced to death at re-trial after he opposed original appeal.
Criminal Law and Procedure Mar. 2, 1999
People v. Nguyen
Jury instruction proper when it focuses on perpetrators conduct and intent, and not the victim.
Criminal Law and Procedure Mar. 2, 1999
U.S. v. Cox
Order
Criminal Law and Procedure Mar. 2, 1999
People v. Butler
Sexually Violent Predator Act applies to individuals convicted under the Pre-1980 rape statute.
Criminal Law and Procedure Mar. 1, 1999
People v. Horn
Sex offender can't circumvent registration requirement by having more than one 'residence'.
Criminal Law and Procedure Mar. 1, 1999
People v. Ellison
Statute prohibiting loitering with a specific intent to commit an offense is not constitutionally vague.
Criminal Law and Procedure Mar. 1, 1999
Knowles v. Iowa
Policemen don't have right to search car without warrant when merely issuing traffic citation.
Criminal Law and Procedure Mar. 1, 1999
People v. Garrett
Denial of a writ of habeas corpus is only reviewable by another writ petition for habeas corpus.
Criminal Law and Procedure Mar. 1, 1999
U.S. v. Arce-Hernandez
Bar to judicial review of final deportation hearing doesn't apply in collateral attack under Federal Statute.
Criminal Law and Procedure Mar. 1, 1999
People v. Redic
Recent case finding no particularized suspicion is necessary to search parolees applies retroactively.
Criminal Law and Procedure Mar. 1, 1999
Minnesota v. Carter
Defendants using apartment, not rented by them, for business purposes, don't have reasonable expectation of privacy.
Criminal Law and Procedure Mar. 1, 1999