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United States v. McNally
Defendant's false statements causing two day delay in locating kidnapped child warrants sentence enhancement.
Criminal Law and Procedure Mar. 11, 1999
People v. Lunsford
When loss can't be ascertained at sentencing, agency administering victim restitution can determine it later.
Criminal Law and Procedure Mar. 11, 1999
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance.
Criminal Law and Procedure Mar. 11, 1999
People v. Roybal
Continuance to wait for expert, who defendant believed would testify DNA test was invalid, is properly denied.
Criminal Law and Procedure Mar. 11, 1999
People v. Martinez
Swiss army knife is a deadly weapon.
Criminal Law and Procedure Mar. 11, 1999
James v. U.S. Parole Commission
Defendant who insists on innocence and isn't credible hasn't accepted responsibility for crimes.
Criminal Law and Procedure Mar. 11, 1999
People v. Davis
Person who, with store's knowledge, receives 'refund' for unpurchased merchandise, commits trespassory larceny.
Criminal Law and Procedure Mar. 11, 1999
U.S. v. Bulacan
Administrative search scheme to detect explosives in federal building doesn't extend to search for drugs.
Criminal Law and Procedure Mar. 11, 1999
People v. Whitworth
Prior felony conviction admissible to impeach even though jury must make factual finding concerning conviction.
Criminal Law and Procedure Mar. 11, 1999
People v. White
Court's failure to grant defendant's new trial motion based on instructional error, doesn't merit reversal of conviction.
Criminal Law and Procedure Mar. 11, 1999
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child.
Criminal Law and Procedure Mar. 11, 1999
U.S. v. Giesse
Order
Criminal Law and Procedure Mar. 11, 1999
Peguero v. United States
Court's failure to advise defendant of 'right to appeal' isn't error if defendant already knew of right and suffered no prejudice by omission.
Criminal Law and Procedure Mar. 11, 1999
Stewart v. LaGrand
Defendant who chooses lethal gas execution over another method waives right to challenge its constitutionally.
Criminal Law and Procedure Mar. 11, 1999
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance.
Criminal Law and Procedure Mar. 11, 1999
Holloway v. U.S.
Under federal carjacking statute, Government doesn't have to prove unconditional intent to kill to satisfy requisite mens rea.
Criminal Law and Procedure Mar. 11, 1999
Richardson v. United States
Proof of a drug-dealing conspiracy doesn't require proof that a monopoly exists.
Criminal Law and Procedure Mar. 11, 1999
U.S. v. Benboe
Collateral attack on conviction based on development in case law is permitted notwithstanding appeal waiver.
Criminal Law and Procedure Mar. 11, 1999
People v. Craig
Court may increase sentence for base offense following appeal, if total sentence does not exceed original.
Criminal Law and Procedure Mar. 11, 1999
Oliver v. County of Los Angeles
New card game based on blackjack is prohibited though not specifically mentioned in Penal Code.
Criminal Law and Procedure Mar. 11, 1999
People v. Rodola
Grand theft involving firearm includes grand theft of a firearm.
Criminal Law and Procedure Mar. 11, 1999
People v. Tabios
Claim of imperfect self-defense is irrelevant to charge of second degree felony murder.
Criminal Law and Procedure Mar. 11, 1999
People v. Hall
Court doesn't have to impose consecutive sentences if it's unclear whether crimes arose on same occasion.
Criminal Law and Procedure Mar. 11, 1999
People v. Fields
Defendant's jury waiver invalid where record indicates mistaken belief that jury verdict wouldn't be appealable.
Criminal Law and Procedure Mar. 11, 1999
People v. Monarrez
Possession of different controlled substances simultaneously supports separate punishment for each.
Criminal Law and Procedure Mar. 11, 1999
People v. Newman
Defendant must be advised of rights before stipulating to prior conviction that elevates misdemeanor to felony.
Criminal Law and Procedure Mar. 11, 1999
Wilson v. The United District Court
Execution stayed after petition for writ of mandamus denied.
Criminal Law and Procedure Mar. 10, 1999
Lopez v. Smith
Trial Court isn't required to give forma pauperis prisoner opportunity to amend complaint.
Criminal Law and Procedure Mar. 10, 1999
U.S. v. Partlow
Sentencing court must deduct points for specific offense before applying mandatory increase for 'risk of injury.'
Criminal Law and Procedure Mar. 8, 1999
U.S. v. Vasquez
Court may impose supervised release after revoking defendant's probation.
Criminal Law and Procedure Mar. 8, 1999