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Name Category Published
U.S. v. Shipsey
When indictment charges only theft by false pretenses, court errs when it instructs jury that any wrongful taking constitutes theft. 		Criminal Law and Procedure Dec. 3, 1999
Bell v. Hill
Prisoner is entitled to appointment of counsel for new trial motion, as case requiring appointment isn't a 'new rule.' 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Farhad
Defendant's repeated, unequivocal desire for self-representation is a valid waiver of the right to counsel. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Fox
Conspiracy to sell powered cocaine that is, or can be, foreseeably converted to crack cocaine may be considered for sentencing purposes. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Tucor International Inc.
Trucker engaged in shipping household goods to and from places within foreign country is exempt from prosecution in U.S. under Shipping Act. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Hernandez-Franco
Several undocumented aliens found in defendant's van is sufficient to convict of attempting to transport undocumented aliens in violation of federal law. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Lawrence
Jury need not be instructed on defendant's theory of the case if other instructions entirely cover defendant's theory. 		Criminal Law and Procedure Dec. 3, 1999
Tapia v. Roe
Erroneous aiding and abetting instruction is harmless error where jury's guilt finding of special circumstance murder required determination of intent. 		Criminal Law and Procedure Dec. 3, 1999
Smith Jr. v. Stewart
Where lawyer fails to effectively present mitigating factors at defendant's resentencing hearing, defendant can't be sentenced to death. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Jackson
Federal sentencing guidelines which imposes mandatory drug testing while on supervised release isn't inconsistent with ex post facto clause. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Riley
Destruction of government agent's notes of conversations with its operatives isn't harmless error and requires reversal. 		Criminal Law and Procedure Dec. 3, 1999
Gatlin v. Madding
When exhausting state court remedies, defendant's review petition to state supreme court cannot simply incorporate by reference arguments made to lower court. 		Criminal Law and Procedure Dec. 3, 1999
Dictado v. Ducharme
Improperly filed state personal restraint petition doesn't toll time limitations of federal Antiterrorist and Effective Death Penalty Act. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Mayfield
Where trial court permits admittance of prejudicial evidence against co-defendant, defendant is entitled to severance trial. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Mattarolo
Veteran officer who stops truck and conducts pat-down search after observing truck leave construction site at night with crate isn't Fourth Amendment violation. 		Criminal Law and Procedure Dec. 3, 1999
Bogovich v. Sandoval
Prisoner's Americans With Disabilities Act claim isn't required to be brought as a habeas corpus petition. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Scrivener
Imposing two-level sentence enhancements for both vulnerable victims and Senior Citizens Against Marketing Scams Act isn't impermissible double-counting. 		Criminal Law and Procedure Dec. 3, 1999
U.S. Court of Appeals v. Laney
Conviction for distribution of child pornography requires pecuniary gain, but barter of images for other images or stories may satisfy requirement. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Boa
For sentence determination for counterfeiting computer documents, 'retail value' of fake manual cannot exceed retail price of genuine manual. 		Criminal Law and Procedure Dec. 3, 1999
Tolbert v. Gomez
Trial court's prima facie determination of whether jury selection was discriminatory is given a presumption of correctness by appellate court. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Tidwell
Statute prohibiting sale of American Indians' 'cultural patrimony' items isn't unconstitutionally vague. 		Criminal Law and Procedure Dec. 3, 1999
People v. Andrews
To uphold conviction for threatening a judge, the judge must know of threat and reasonably fear for his or her safety. 		Criminal Law and Procedure Dec. 2, 1999
People v. Coria
The manufacturer of methamphetamine must have knowledge of the character of the substance being manufactured before being convicted. 		Criminal Law and Procedure Dec. 2, 1999
People v. Norman
Stalking statute doesn't require victim's fear be contemporaneous with stalker's threats and harassment. 		Criminal Law and Procedure Dec. 2, 1999
Kerollis v. DMV
Amount of alcohol in person's blood may be expressed by the breath-alcohol level, instead of the blood-alcohol concentration. 		Criminal Law and Procedure Dec. 2, 1999
People v. Rains
Doctors' testimony regarding result of a 'true' finding against a sexually violent predator isn't improper, unless it results in miscarriage of justice. 		Criminal Law and Procedure Dec. 2, 1999
People v. Roundtree
Continued sexual intercourse against a person's will is rape, even if initial penetration was consensual. 		Criminal Law and Procedure Dec. 2, 1999
People v. Andrews
To uphold conviction for threatening a judge, the judge must know of threat and reasonably fear for his or her safety. 		Criminal Law and Procedure Dec. 2, 1999
People v. Rains
Doctors testimony regarding result of a true finding against a sexually violent predator isnt improper, unless it results in miscarriage of justice. 		Criminal Law and Procedure Dec. 2, 1999
U.S. v. Vega
Defendant's prior border crossings and bank deposits are 'other acts' that the government should have disclosed to defendant before trial. 		Criminal Law and Procedure Dec. 2, 1999
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