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Calderon v. U.S. District Court (Kelly)
Earlier holding that prisoner's federal habeas petitions are barred by statute of limitations is res judicata. 		Criminal Law and Procedure Apr. 11, 1999
Brookner v. Superior Court (People)
Courts may appoint public defenders as advisory and standby counsel for pro per defendants. 		Criminal Law and Procedure Apr. 11, 1999
People v. Farsight
Alleged partner has no claim of title defense against charge of embezzlement. 		Criminal Law and Procedure Apr. 11, 1999
U.S. v. Viramontes-Alvarado
Defendant claiming U.S. citizenship through American father must show he lived with alleged father during childhood. 		Criminal Law and Procedure Apr. 11, 1999
Calderon v. District Court
Habeas petitions pending at the time Antiterroism Act was enacted are not barred by its statute of limitations. 		Criminal Law and Procedure Apr. 11, 1999
U.S. v. Fultz
Homeless man has reasonable expectation of privacy in boxes and bags stored in friend's garage. 		Criminal Law and Procedure Apr. 11, 1999
People v. Musselwhite
Jury instruction given over defendant's requested instruction regarding defendant's mental capacity to commit murder is adequate. 		Criminal Law and Procedure Apr. 11, 1999
People v. Benevides
Decision not to strike prior conviction is subject to limited appellate review for abuse of discretion. 		Criminal Law and Procedure Apr. 11, 1999
Monge v. California
Double jeopardy clause doesn't extend to noncapital sentencing proceedings. 		Criminal Law and Procedure Apr. 11, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional. 		Criminal Law and Procedure Apr. 11, 1999
Johnson on habeas corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence. 		Criminal Law and Procedure Apr. 11, 1999
Boyd v. Thompson
District court in habeas proceeding may raise procedural default in interest of comity, federalism and judicial efficiency. 		Criminal Law and Procedure Apr. 11, 1999
U.S. v. Cuddy
Sentencing court may depart from law of the case if earlier finding was clearly erroneous. 		Criminal Law and Procedure Apr. 11, 1999
U.S. v. Fitzgerald
Federal Employees Compensation Act requires total disability claimant to disclose employment information. 		Criminal Law and Procedure Apr. 11, 1999
People v. Bento
Court can't reconvene jury after juror expresses doubt if verdict has been read, affirmed, polled and recorded. 		Criminal Law and Procedure Apr. 11, 1999
People v. Porter
Defendant's sentence can be enhanced for current conspiracy conviction if defendant 'substantially involved' in conspiracy. 		Criminal Law and Procedure Apr. 11, 1999
People v. Aubrey
Three strikes law doesn't deprive trial court of discretion to grant probation to defendant with two strikes. 		Criminal Law and Procedure Apr. 11, 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 Apr. 11, 1999
U.S. v. Gordon
Certificate of appealability can only be granted for violation of constitutional rights, and not for alleged violation of federal law. 		Criminal Law and Procedure Apr. 8, 1999
Smith v. Gibson
Order 		Criminal Law and Procedure Apr. 8, 1999
Riggs v. Crandell
Order 		Criminal Law and Procedure Apr. 7, 1999
U.S. v. Byrne
Extraneous printed material in jury room, which is sent out promptly upon discovery without jury reading it, doesn't affect verdict. 		Criminal Law and Procedure Apr. 7, 1999
Quitana v. Maxwell
Order 		Criminal Law and Procedure Apr. 7, 1999
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function. 		Criminal Law and Procedure Apr. 7, 1999
U.S. v. Murphy
Order 		Criminal Law and Procedure Apr. 6, 1999
U.S. v. Grayson
Order 		Criminal Law and Procedure Apr. 6, 1999
Garcia v. Lemaster
Order 		Criminal Law and Procedure Apr. 6, 1999
U.S. v. Wiseman
Explanation on how a defendant's conduct affects interstate commerce under federal statute isn't prosecutorial misconduct. 		Criminal Law and Procedure Apr. 6, 1999
U.S. v. Madrugal-Aguilar
Order 		Criminal Law and Procedure Apr. 6, 1999
Ortiz v. Stewart
Procedural default, as defined by state rule, bars numerous claims in federal habeas corpus proceeding. 		Criminal Law and Procedure Apr. 6, 1999
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