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U.S. v. Mejia-Mesa
Claim that prosecution suppressed exculpatory evidence at trial requires evidentiary hearing.
Criminal Law and Procedure Mar. 30, 1999
People v. Thornburg
Court resentencing three strikes defendant must recalculate credits and amend abstract of judgment.
Criminal Law and Procedure Mar. 30, 1999
People v. Castello
California law defines prior Florida offense for three strikes purposes.
Criminal Law and Procedure Mar. 30, 1999
Thompson v. Calderon
Evidence proffered doesn't support request for permission to file successive habeas petition in capital case.
Criminal Law and Procedure Mar. 30, 1999
U.S. v. Kaluna
Federal three strikes law unconstitutionally shifts burden of proof to certain defendants.
Criminal Law and Procedure Mar. 30, 1999
U.S. v. Govan
Use of state law convictions to determine criminal history doesn't violate due process.
Criminal Law and Procedure Mar. 30, 1999
U.S. v. Vavages
Prosecutor violates due process by threatening to void alibi witness' plea agreement and prosecute for perjury.
Criminal Law and Procedure Mar. 30, 1999
Williamson v. Gregoire
Convict isn't in custody for federal habeas purposes if he's merely required to register as sex offender.
Criminal Law and Procedure Mar. 30, 1999
Malone v. Calderon
No habeas corpus jurisdiction exists where out-of-state custodian intervenes for a limited purpose.
Criminal Law and Procedure Mar. 29, 1999
Mainero v. Gregg
Statements obtained by torture aren't barred from use in extradition proceeding where backed by additional evidence.
Criminal Law and Procedure Mar. 29, 1999
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Foster
Transportation of firearm in pickup truck's bed sufficient for conviction for carrying firearm in drug-related crime.
Criminal Law and Procedure Mar. 29, 1999
Park v. People
Habeas relief for improper consolidation of charges is only available if petitioner received a fundamentally unfair trial.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Pineda-Garcia
Previous conviction for using fraudulent identification documents not immigration related for sentence enhancement purposes.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Lopes-Montes
Under Federal Sentencing Guidelines, make-up of drugs actually seized may be used to estimate purity of unrecovered drugs.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Riewe
Court required to make specific factual findings when rejecting sentencing entrapment argument.
Criminal Law and Procedure Mar. 29, 1999
Henry v. Lungren
Jurisdiction by "relating back" to earlier habeas petition is improper if petitioner's not in custody before second filing.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Scholl
Testimony supporting compulsive gambler defense properly excluded in federal prosecution.
Criminal Law and Procedure Mar. 29, 1999
Vansickel v. White
Absent prejudice, automatic reversal's unavailable where timely objections to due process violations aren't made.
Criminal Law and Procedure Mar. 29, 1999
People v. Matthews
Insufficient evidence to support conviction for removing or taking officer's weapon where officer drops gun after being run into by the defendant.
Criminal Law and Procedure Mar. 29, 1999
Lisenbee v. Henry
Due process isn't violated by use of 'abiding conviction' language in jury instruction on reasonable doubt.
Criminal Law and Procedure Mar. 29, 1999
People v. Superior Court (Roam)
Prior to sentencing, convicted 'Three Strikes' defendant can't be released on supervised own recognizance to attend drug rehabilitation.
Criminal Law and Procedure Mar. 29, 1999
People v. Terrell
Sentencing court erred when it failed to impose parole revocation fine and statutory assessments against defendant.
Criminal Law and Procedure Mar. 29, 1999
In re Pratt
Habeas corpus properly granted where trial judge's factual resolutions of evidentiary conflicts supported by substantial evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Ellis
Harmless error not to provide amplifying instructions defining speeding where giving instruction for felony driving under the influence.
Criminal Law and Procedure Mar. 29, 1999
People v. Garcia
Defendant can be convicted under provocative-act theory of murder even if murder was committed by accomplice.
Criminal Law and Procedure Mar. 29, 1999
Mardesich v. California Youthful Offender Parole Board
Trial court must exercise independent review over California Youthful Offender Parole Board's decision to transfer individual out of California Youth Authority.
Criminal Law and Procedure Mar. 29, 1999
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing.
Criminal Law and Procedure Mar. 29, 1999
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing.
Criminal Law and Procedure Mar. 29, 1999
People v. Fernandez
Failure to meet notice requirement of Mentally Disordered Offender statute doesn't result in automatic release of prisoner.
Criminal Law and Procedure Mar. 29, 1999