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U.S. v. Bartsma
Defendant is entitled to presentence notice that court is considering imposing sex offender registration requirement.
Criminal Law and Procedure Dec. 10, 1999
Odle v. Calderon
Writ of habeas corpus can't be granted where defendant hasn't established by preponderance of evidence facts underlying claims of constitutional error.
Criminal Law and Procedure Dec. 9, 1999
U.S. v. Stevens
Downward departure from sentencing guideline is warranted only if defendant's conduct significantly differed from conduct of other defendants sentenced under same guideline.
Criminal Law and Procedure Dec. 9, 1999
McDowell v. Calderon
In habeas proceedings alleging ineffective assistance of counsel, district court may limit state's use of defense trial counsel's files.
Criminal Law and Procedure Dec. 8, 1999
State v. Garza
Inconsistent findings by trial court does not mandate reversal of guilty verdict.
Criminal Law and Procedure Dec. 7, 1999
State v. Vera
Automobile stop by police to investigate possible vehicle equipment violation for cracked windshield is constitutional.
Criminal Law and Procedure Dec. 7, 1999
U.S. v. Duran
Inconsistencies between indictment and government's proof at trial do not prejudice defendant's substantial rights.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Merino
Hazardous waste cleanup, costing tens of thousands of dollars, isn't a 'substantial' expenditure as to warrant a sentence enhancement.
Criminal Law and Procedure Dec. 3, 1999
Keating v. Hood
Failure to instruct jury on mental state required for securities fraud isn't harmless error.
Criminal Law and Procedure Dec. 3, 1999
Lambright v. Stewart
Due process isn't violated when a trial court experiments with the use of dual juries in a capital case.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Hayes
Sixth Amendment right to counsel isn't invoked by government's preindictment filing of motion to preserve videotape.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Shipsey
When indictment charges only theft by false pretenses, court errs when it instructs jury that any wrongful taking constitutes theft.
Criminal Law and Procedure Dec. 3, 1999
Bell v. Hill
Prisoner is entitled to appointment of counsel for new trial motion, as case requiring appointment isn't a 'new rule.'
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Farhad
Defendant's repeated, unequivocal desire for self-representation is a valid waiver of the right to counsel.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Fox
Conspiracy to sell powered cocaine that is, or can be, foreseeably converted to crack cocaine may be considered for sentencing purposes.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Tucor International Inc.
Trucker engaged in shipping household goods to and from places within foreign country is exempt from prosecution in U.S. under Shipping Act.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Hernandez-Franco
Several undocumented aliens found in defendant's van is sufficient to convict of attempting to transport undocumented aliens in violation of federal law.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Lawrence
Jury need not be instructed on defendant's theory of the case if other instructions entirely cover defendant's theory.
Criminal Law and Procedure Dec. 3, 1999
Tapia v. Roe
Erroneous aiding and abetting instruction is harmless error where jury's guilt finding of special circumstance murder required determination of intent.
Criminal Law and Procedure Dec. 3, 1999
Smith Jr. v. Stewart
Where lawyer fails to effectively present mitigating factors at defendant's resentencing hearing, defendant can't be sentenced to death.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Jackson
Federal sentencing guidelines which imposes mandatory drug testing while on supervised release isn't inconsistent with ex post facto clause.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Riley
Destruction of government agent's notes of conversations with its operatives isn't harmless error and requires reversal.
Criminal Law and Procedure Dec. 3, 1999
Gatlin v. Madding
When exhausting state court remedies, defendant's review petition to state supreme court cannot simply incorporate by reference arguments made to lower court.
Criminal Law and Procedure Dec. 3, 1999
Dictado v. Ducharme
Improperly filed state personal restraint petition doesn't toll time limitations of federal Antiterrorist and Effective Death Penalty Act.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Mayfield
Where trial court permits admittance of prejudicial evidence against co-defendant, defendant is entitled to severance trial.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Mattarolo
Veteran officer who stops truck and conducts pat-down search after observing truck leave construction site at night with crate isn't Fourth Amendment violation.
Criminal Law and Procedure Dec. 3, 1999
Bogovich v. Sandoval
Prisoner's Americans With Disabilities Act claim isn't required to be brought as a habeas corpus petition.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Scrivener
Imposing two-level sentence enhancements for both vulnerable victims and Senior Citizens Against Marketing Scams Act isn't impermissible double-counting.
Criminal Law and Procedure Dec. 3, 1999
U.S. Court of Appeals v. Laney
Conviction for distribution of child pornography requires pecuniary gain, but barter of images for other images or stories may satisfy requirement.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Boa
For sentence determination for counterfeiting computer documents, 'retail value' of fake manual cannot exceed retail price of genuine manual.
Criminal Law and Procedure Dec. 3, 1999