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U.S. v. Carter
Attempted suicide by overdose justifies drug-related supervised release conditions.
Criminal Law and Procedure Mar. 12, 1999
Johnson on Habeas Corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence.
Criminal Law and Procedure Mar. 12, 1999
People v. Hernandez
Hearsay exception regarding threats of harm involves sufficient indicia of reliability to be constitutional.
Criminal Law and Procedure Mar. 12, 1999
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant.
Criminal Law and Procedure Mar. 12, 1999
O'Connor v. Madera County Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate.
Criminal Law and Procedure Mar. 12, 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 Mar. 12, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money.
Criminal Law and Procedure Mar. 12, 1999
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Padilla-Mendoza
Automatic dismissal of jurors based on drug policy views is abuse of discretion but doesn't create presumptively biased jury.
Criminal Law and Procedure Mar. 12, 1999
People v. Johnson
Defendant who fails to register as sex offender for 3 months has intentionally and willfully failed to register.
Criminal Law and Procedure Mar. 12, 1999
Turner v. Duncan
Defense counsel in murder case renders ineffective assistance by failing to investigate or read case file.
Criminal Law and Procedure Mar. 12, 1999
Vargas v. Lambert
Mother of death row inmate has standing to seek stay based on inmate's alleged incompetence.
Criminal Law and Procedure Mar. 12, 1999
Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati
Order
Criminal Law and Procedure Mar. 12, 1999
Neder v. United States
Issue of materiality in mail and bank fraud case is properly not submitted to jury.
Criminal Law and Procedure Mar. 12, 1999
Vargas v. Lambert
Mother of death row inmate has standing to seek stay based on inmate's alleged incompetence.
Criminal Law and Procedure Mar. 12, 1999
People of the Territory of Guam v. Shymanovitz
Testimony regarding pronographic magazines found in home of child molestation defendant is excessively prejudicial.
Criminal Law and Procedure Mar. 12, 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. 12, 1999
People v. McGlothin
Trial court abuses its discretion by substituting its conclusions for the Legislature's in striking a prior offense.
Criminal Law and Procedure Mar. 12, 1999
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel.
Criminal Law and Procedure Mar. 12, 1999
Matter of Extradition of Artt
General scheme for extradition of prisoners to United Kingdom doesn't violate separation of powers doctrine.
Criminal Law and Procedure Mar. 12, 1999
Turner v. Duncan
Defense counsel in murder case renders ineffective assistance by failing to investigate or real case file.
Criminal Law and Procedure Mar. 12, 1999
People v. Funches
Superior court clerk has duty to reject notice of appeal filed 13 years after judgment.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. McElyea
Burglaries constituting one criminal episode don't justify sentence enhancement under Armed Career Criminal Act.
Criminal Law and Procedure Mar. 12, 1999
People v. Albritton
Child abuse resulting in death is general intent crime, and statute establishing crime is constitutional.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Robertson
Insurance company may be victim of crime of possession of forged securities of an organization.
Criminal Law and Procedure Mar. 11, 1999
People v. Martinez
Swiss army knife is a deadly weapon.
Criminal Law and Procedure Mar. 11, 1999
People v. Granderson
Trial may proceed in defendant's absence if defendant was present on first day of jury selection.
Criminal Law and Procedure Mar. 11, 1999
People v. Jones
Offenses not committed on the same occasion mandates imposition of consecutive sentences.
Criminal Law and Procedure Mar. 11, 1999