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Name Category Published
U.S. v. Andra
Tax liabilities of individuals advised to illegally evade tax assessment and collection are properly included in calculation of tax loss for sentencing purposes.
Criminal Law and Procedure Aug. 30, 2000
Shane B., a Minor.
Prohibition against retroactive application of law does not apply when law is purely procedural.
Criminal Law and Procedure Aug. 30, 2000
People v. Rathert
Review granted
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Poehlman
Government entraps one who is not predisposed to engaging in sex with minors when government induces person through protracted, aggressive e-mail.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Campos
Unstipulated polygraph evidence concerning defendant's mental state is inadmissible when it involves ultimate issue of mens rea.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Benavidez
If unstipulated polygraph evidence is more prejudicial than probative and without further evidentiary analysis, it is properly excluded.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Smith
Court's refusal to give jury instruction regarding the defense theory and prosecutor's misstatement of law is grounds for reversal.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Williams
Court may consider actions as relevant for sentencing purposes that my be barred from prosecution under the statute of limitations.
Criminal Law and Procedure Aug. 30, 2000
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Aug. 30, 2000
People v. Matelski
Warrant to search for contraband founded on probable cause implicitly carries with it limited authority to detain occupants of premises while proper search is conducted.
Criminal Law and Procedure Aug. 30, 2000
People v. Frawley
Dismissal of a prior conviction is not an expungement and doesn't prevent ex-felon from being prosecuted for possession of nonconcealable firearm.
Criminal Law and Procedure Aug. 30, 2000
People v. Brown
Jury instruction that 'possession of contraband is not unlawful if possession is solely for purpose of disposal' does not apply to incarcerated inmates.
Criminal Law and Procedure Aug. 30, 2000
People v. Downey Jr.
Trial court may deny reinstatement of probation so long as decision does not exceed the bounds of reason.
Criminal Law and Procedure Aug. 30, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing.
Criminal Law and Procedure Aug. 30, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing.
Criminal Law and Procedure Aug. 30, 2000
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.'
Criminal Law and Procedure Aug. 30, 2000
Stroud v. Superior Court (People)
Magistrate's one-day absence from preliminary examination to attend Judicial Council meeting is not grounds to dismiss a complaint.
Criminal Law and Procedure Aug. 30, 2000
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines.
Criminal Law and Procedure Aug. 30, 2000
People v. Kraft
Supreme Court upholds death penalty for murderer of 16 young males, six of whom were U.S. Marines.
Criminal Law and Procedure Aug. 30, 2000
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Alatorre
Separate hearing outside presence of jury to asses relevance and reliability of expert testimony is not required.
Criminal Law and Procedure Aug. 29, 2000
Jiminez v. Rice
Prisoner's habeas corpus petition is time-barred by Antiterrorism and Effective Death Penalty Act
Criminal Law and Procedure Aug. 29, 2000
U.S. v. Kafka
Domestic violence restraining order statute that fails to notify persons subject to it that they are prohibited from possessing firearms doesn't violate due process.
Criminal Law and Procedure Aug. 29, 2000
U.S. v. Galin
Criminal defense attorney's knowing and intentional violation of district court rules is sanctioned as criminal contempt.
Criminal Law and Procedure Aug. 29, 2000
People v. Harris
Jury may infer that large quantity of drugs found on accused is possessed for purpose of sale.
Criminal Law and Procedure Aug. 29, 2000
In re a Blue Chevy Astro
Vehicles used merely to transport fighting birds and equipment and not directly used in the fighting cannot be seized under forfeiture laws.
Criminal Law and Procedure Aug. 29, 2000
People v. Superior Court (Pfingst)
Deputy DA has no legitimate expectation of privacy with respect to his actions as public servant and therefore cannot assert privileges for any materials generated.
Criminal Law and Procedure Aug. 29, 2000
People v. Grayson
Convicted criminal may only be subject to one punishment although his criminal act may be punishable under several provisions.
Criminal Law and Procedure Aug. 29, 2000
People v. Superior Court (Berryman)
Filing of writ of habeas corpus alleging ineffective assistance of counsel is sufficient cause for people to make confidential funding request.
Criminal Law and Procedure Aug. 27, 2000
People v. Ayala
California Supreme Court upholds death penalty where defendant is convicted of attempted robberies and murders of three people.
Criminal Law and Procedure Aug. 27, 2000