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Name Category Published
People v. Givens
Legal and scientific developments validate use of 'unmodified product rule' to quantify DNA test results.
Criminal Law and Procedure Nov. 3, 1999
People v. Diaz
Conviction for premeditated attempted murder is error since information charged defendant with lesser offense.
Criminal Law and Procedure Nov. 3, 1999
People v. Martinez
Defendant is sentenced as habitual offender even though his record satisfies three strikes sentencing scheme.
Criminal Law and Procedure Nov. 3, 1999
People v. Allen
For kidnapping, jury can consider nature, character and purpose of asportation and actual measured distance.
Criminal Law and Procedure Nov. 3, 1999
People v. Zermeno
Required two offenses for gang enhancement can be shown by currently charged offense involving an accomplice.
Criminal Law and Procedure Nov. 3, 1999
Shavers v. Kaiser
Order
Criminal Law and Procedure Nov. 3, 1999
U.S. v. Feldman
Order
Criminal Law and Procedure Nov. 3, 1999
U.S. v. Greenwood
Order
Criminal Law and Procedure Nov. 3, 1999
Williams v. Henderson
Order
Criminal Law and Procedure Nov. 3, 1999
U.S. v. Driskill
Order
Criminal Law and Procedure Nov. 3, 1999
Martinez v. Colorado State Board of Parole
Defendant convicted of violent crime not entitled to annual reconsideration of parole request.
Criminal Law and Procedure Nov. 3, 1999
U.S. v. Cruz
Order
Criminal Law and Procedure Nov. 3, 1999
In re Mason
Defendant's bank and telephone records may be discovered by a subpoena duces tecum, but only after the state demonstrate probable cause.
Criminal Law and Procedure Nov. 3, 1999
Ellsworth v. People
District court lacks jurisdiction when there is no final judgment from county court.
Criminal Law and Procedure Nov. 3, 1999
Benavidez v. People
Plea agreement including a prison term must be understood to include additional period of parole.
Criminal Law and Procedure Nov. 2, 1999
Craig v. People
Plea agreement that specifically promises a modification of statutorily mandated parole is invalid.
Criminal Law and Procedure Nov. 2, 1999
People v. Turner
No error to require attorney defendant to pay restitution to State Bar for forgery and embezzlement of client funds.
Criminal Law and Procedure Oct. 29, 1999
People v. Turner
No error to require attorney defendant to pay restitution to State Bar for forgery and embezzlement of client funds.
Criminal Law and Procedure Oct. 29, 1999
People v. Taylor
Trial court isn't required to give proposed jury instruction on mistake of fact defense where evidence fails to support defense.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Luca
Sentence enhancement based upon being in charge of a criminal organization cannot be imposed unless other participants are identified.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Lee
Statute prohibiting export of fuzes includes fuze component that has no nonmilitary use, and is not unconstitutionally vague.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Barajas-Montiel
While alien smuggling requires a specific-intent jury instruction, failure to object limits review to plain-error analysis.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Meza-Corrales
Due to small amount of officers, weapons found, and suspects fleeing or being otherwise uncooperative, defendant's temporary detention is reasonable.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Orduno-Aguilera
Possession and intent to distribute anabolic steroids can't be based on evidence of salts of anabolic steroids that aren't shown to promote muscle growth.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Romero
Possession of firearm isn't sufficient evidence of 'use' for using a firearm in connection with a drug-trafficking charge.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Riley
Attempted 'simple rape' is a crime of violence for U.S. Sentencing Guidelines purposes.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Sayakhom
Testimony regarding prosecuting attorney's warnings to defendant isn't barred by the advocate-witness rule.
Criminal Law and Procedure Oct. 29, 1999
Wilson v. Henry
Counsel's failure to call self-defense witness, whose testimony was flawed and inconsistent with other facts, isn't ineffective assistance.
Criminal Law and Procedure Oct. 29, 1999