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U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment.
Criminal Law and Procedure Mar. 26, 1999
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape.
Criminal Law and Procedure Mar. 26, 1999
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense.
Criminal Law and Procedure Mar. 26, 1999
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year.
Criminal Law and Procedure Mar. 26, 1999
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Gough
Hiring another to drive truck filled with drug proceeds and watching unloading of truck constitutes money laundering.
Criminal Law and Procedure Mar. 26, 1999
People v. Carr
Defendant may be convicted both of burglary and of receiving property stolen in burglary.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Garcia
Gang members' general agreement to support each other in fights doesn't prove conspiracy to commit assault.
Criminal Law and Procedure Mar. 26, 1999
People v. Jackson
Kidnapping incident consisting of one abduction and a continuous period of detention is a single criminal act.
Criminal Law and Procedure Mar. 26, 1999
People v. Rodriguez
Special circumstance of 'drive-by' murder is constitutional on its face and as applied.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Sandoval
Conviction for infraction of petty theft may be counted toward criminal history score.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Smith
Conviction for insider trading requires proof that defendant actually used material non-public information.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Kaczynski
Media's common law right of access outweighs defendant's privacy interest in content of psychiatric report.
Criminal Law and Procedure Mar. 26, 1999
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default.
Criminal Law and Procedure Mar. 26, 1999
People v. Burks
Custody credits waived after probation violation generally aren't recaptured when probation violated again.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Odedo
Court must explain nature of charges to defendant before accepting guilty plea.
Criminal Law and Procedure Mar. 26, 1999
In re David H.
Probation officer having authority of a peace officer in performance of official duties is a peace officer, and assault thereon is aggravated assault.
Criminal Law and Procedure Mar. 25, 1999
U.S. v. McClelland
Order
Criminal Law and Procedure Mar. 25, 1999
Moreno v. Stewart
Trial court doesn't have to openly discuss validity of defendant's waiver of right to counsel before allowing self-representation.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Negri
Order
Criminal Law and Procedure Mar. 24, 1999
Parks v. Hargett
Order
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Crawford
Order
Criminal Law and Procedure Mar. 24, 1999
Maloney v. Poppel
Order
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Green
Exceptional post-sentencing rehabilitation efforts may justify downward departure upon resentencing.
Criminal Law and Procedure Mar. 24, 1999
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder.
Criminal Law and Procedure Mar. 24, 1999
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes.
Criminal Law and Procedure Mar. 24, 1999
People v. Birks
Denial of defendant's requested instruction on lesser included offense isn't prejudicial error requiring reversal of conviction.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions.
Criminal Law and Procedure Mar. 24, 1999