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State v. Jones
Incarceration is not mandatory for second-time drug offenders already sentenced to intensive probation for the first offense.
Criminal Law and Procedure Oct. 6, 1999
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter.
Criminal Law and Procedure Oct. 3, 1999
U.S. v. Medina
Legality of search by state officers need not be assessed to determine admissibility of seized evidence in subsequent unconnected and unanticipated federal prosecution.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Casarez-Bravo
Prior conviction of transportation or sale of marijuana does not automatically qualify as a predicate drug conviction for sentence enhancement purposes.
Criminal Law and Procedure Sep. 30, 1999
Delgado v. Lewis
Defendant is entitled to habeas relief where counsel renders ineffective assistance by filing appellate brief that failed to satisfy federal law.
Criminal Law and Procedure Sep. 30, 1999
Schell v. Witek
Trial court's failure to adequately inquire into, and rule on, defendant's motion for substitute counsel violates Sixth Amendment.
Criminal Law and Procedure Sep. 30, 1999
People v. Butler
Stalking is a crime of 'force or violence,' making defendant subject to commitment as a mentally disordered offender.
Criminal Law and Procedure Sep. 30, 1999
Tolbert v. Page
Trial court's prima facie determination of whether jury selection was discriminatory is given a presumption of correctness by appellate court.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Mohrbacher
Downloading materials, showing minors engaged in sexually explicit conduct, from computer bulletin board doesn't violate federal statute prohibiting transportation of such materials.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Craig
Under Child Support and Recovery Act, a restitution order may include period when defendant and child reside in same state.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Castillo
Extrinsic evidence is admissible to impeach by contradiction a criminal defendant's testimony that is volunteered on direct examination.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Van Doren
Where defendant repeatedly acknowledges voluntariness of guilty plea, district court's failure to ask if plea is result of coercion is harmless error.
Criminal Law and Procedure Sep. 30, 1999
Fuller v. Roe
Applicability of Antiterrorism and Effective Death Penalty Act is determined by date petition for habeas relief is filed.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Martinez
Evidence of prior conviction for importing drugs is admissible when used to show knowledge of drug trade.
Criminal Law and Procedure Sep. 30, 1999
U.S. v. Palomba
Error in calculating sentence can't be challenged after the entire sentence has been completed.
Criminal Law and Procedure Sep. 30, 1999
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes.
Criminal Law and Procedure Sep. 30, 1999
People v. Sainz
Defendant convicted of great bodily injury under vehicle code, permits sentence enhancement under penal code meaning of great bodily injury.
Criminal Law and Procedure Sep. 30, 1999
People v. Moreno
Defendant may be convicted of receiving same property he took during a burglary.
Criminal Law and Procedure Sep. 30, 1999
People v. Lewis
Police officer does not have to obtain an arrest warrant before entering a parolee's house and taking the him into custody.
Criminal Law and Procedure Sep. 30, 1999
People v. Lopez
A defendant cannot relitigate issues of a previous conviction during his mentally disordered offender's appeal.
Criminal Law and Procedure Sep. 30, 1999
People v. Webb
Where evidence shows defendant didn't honestly believe opinions expressed regarding his pain, such material misrepresentations may constitute fraud.
Criminal Law and Procedure Sep. 30, 1999
People v. Nubla
Court can reduce sentence after defendant committed to rehabilitation is found unfit and returned, provided sentence has not yet been executed.
Criminal Law and Procedure Sep. 30, 1999
People v. Knox
Failure to expressly plead multiple victim circumstance and include it on jury verdict form constitutes harmless error.
Criminal Law and Procedure Sep. 30, 1999
People v. Arias
Defendant is entitled to be sentenced under work time credits that existed before Penal Code statute was amended.
Criminal Law and Procedure Sep. 30, 1999
People v. Chambless
Any contact with offender's or young victim's genitals is masturbation, and is substantial sexual conduct, for purposes of Sexually Violent Predators Act.
Criminal Law and Procedure Sep. 30, 1999
People v. Poe
Inmate isn't entitled to custody credits for period between release date and commitment as sexually violent predator under Sexually Violent Predator Act.
Criminal Law and Procedure Sep. 30, 1999
People v. Epps
Defendant has right to jury trial regarding prior convictions and isn't required to show trial court's initial denial of right was prejudicial.
Criminal Law and Procedure Sep. 30, 1999
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law.
Criminal Law and Procedure Sep. 30, 1999
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law.
Criminal Law and Procedure Sep. 30, 1999
People v. Baker
Felony-murder rule doesn't elevate resulting death to first-degree murder where intended felony was assault with deadly weapon.
Criminal Law and Procedure Sep. 23, 1999