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Name Category Published
People v. Malabag
Defendant's failure to seek complete record waives right to settled statement in lieu of transcript.
Criminal Law and Procedure Jun. 17, 1999
People v. Daniels
Expungement of prior serious or violent felony does not preclude treatment of offense as strike.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Handa
Double jeopardy isn't implicated by imposing sentence enhancement after gun possession conviction is vacated.
Criminal Law and Procedure Jun. 17, 1999
People v. Mines
Defendant subject to enhanced sentencing cannot collaterally attack prior convictions as unconstitutional.
Criminal Law and Procedure Jun. 17, 1999
People v. Best
Transcript from prior conviction's preliminary hearing cannot be used to prove conviction is serious felony.
Criminal Law and Procedure Jun. 17, 1999
People v. Mines
Defendant's subject to enhanced sentencing cannot colaterally attack prior conviction as unconstitutional.
Criminal Law and Procedure Jun. 17, 1999
People v. Davis
Finding of fitness isn't required for prior juvenile adjudication to qualify as a 'strike.'
Criminal Law and Procedure Jun. 17, 1999
Woratzeck v. Arizona Board of Executive Clemency
Involvement of capital defendant's former counsel in clemency proceedings doesn't violate due process.
Criminal Law and Procedure Jun. 17, 1999
People v. Ramos
Use of deceased jailhouse informant's previous testimony in defendant's death penalty retrial isn't error.
Criminal Law and Procedure Jun. 17, 1999
People v. Hammon
Trial court doesn't err in refusing pretrial discovery of victim's psychotherapist records on privilege grounds.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Jarvouhey
Licensed dealer's firearms sales while willfully failing to keep records is crime properly sentenced as felony.
Criminal Law and Procedure Jun. 17, 1999
People v. McCleod
Sufficient evidence supports defendant's conviction for failure to register as sex offender after changing residence.
Criminal Law and Procedure Jun. 17, 1999
People v. Ledesma
Enhancement for personal use of firearm is mandatory if underlying offense is assault with firearm.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Watson
Cellular telephone cloning falls under pre-October 1994 version of statute prohibiting possession of counterfeit access devices.
Criminal Law and Procedure Jun. 17, 1999
People v. Aguirre
Murderer is entitled to no more than 15 percent credit for presentence custodial time.
Criminal Law and Procedure Jun. 17, 1999
People v. Hickles
Failure to instruct on predicate or target offense aided and abetted is prejudicial error.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Artero
Picking grand jurors from voter lists from counties bordering Mexico doesn't violate community cross-section right.
Criminal Law and Procedure Jun. 17, 1999
Amaya-Ruiz v. Stewart
Defendant's statements during trial of not understanding proceedings do not require new competency evaluation.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Soares
Accrued contractual interest is part of actual loss for guidelines sentencing purposes.
Criminal Law and Procedure Jun. 17, 1999
Edwards v. United States
Sentencing judge, not jury, must determine type and quantity of drugs involved in conspiracy.
Criminal Law and Procedure Jun. 17, 1999
Calderon v. Thompson
Court of appeals abuses discretion by recalling mandate to revisit denial of habeas relief.
Criminal Law and Procedure Jun. 17, 1999
People v. Ledesma
Future ability to pay from prison earnings supports restitution orders.
Criminal Law and Procedure Jun. 17, 1999
People v. Rudd
Delay in asserting right of self-representation, followed by silence when counsel is appointed, constitutes waiver.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. McKittrick
Killing of wolf that was member of protected experimental population violates Endangered Species Act.
Criminal Law and Procedure Jun. 17, 1999
U.S. v. Whitecotton
Drugs sold to agent without defendant's knowledge don't count toward quantity for sentencing purposes.
Criminal Law and Procedure Jun. 17, 1999
People v. Douglas
Order suspending defendants sentence, granting probation, and declaring charged offenses to be misdemeanors isnt appealable.
Criminal Law and Procedure Jun. 16, 1999
People v. Santana
Narcotics officer doesn't violate Fourth Amendment by squeezing checked luggage to smell expelled air.
Criminal Law and Procedure Jun. 16, 1999
People v. Denison
Probation search condition justifies investigative stop of vehicle in which probationer is a passenger.
Criminal Law and Procedure Jun. 16, 1999
People v. Caird
'Not guilty' notation on verdict form regarding lesser offense doesn't void conviction of greater offense.
Criminal Law and Procedure Jun. 16, 1999
U.S. v. Watts
Sentencing courts can consider defendants' conduct regarding charges resulting in acquittals.
Criminal Law and Procedure Jun. 16, 1999