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Turk v. White
Despite invalidity of conviction and life sentence, statute using prisoner's status to define offense is rational.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Fuentes
Attempted flight from airport officers supports belief suspect has something highly incriminating in his pocket.
Criminal Law and Procedure Aug. 3, 1999
Greenawalt v. Stewart
Death row inmate is denied certificate of probable cause to appeal absent satisfying 'substantial showing' standard.
Criminal Law and Procedure Aug. 3, 1999
Boyden v. Reno
U.S. law governs effect of parole violation on sentence computation after convict transferred from Canada.
Criminal Law and Procedure Aug. 3, 1999
People v. Dias
Defendant's apparently conditional threats against victim still constitute statutory violation of threatening a crime.
Criminal Law and Procedure Aug. 3, 1999
People v. Flores
Driver knocked unconscious at scene of accident must provide identifying information immediately after regaining consciousness.
Criminal Law and Procedure Aug. 3, 1999
People v. Ridge
Observations during unlawful parole search must be suppressed and warrant based on observations is unlawful.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Kaneakua
Sentencing under Assimilated Crimes Act follows mandatory minimum sentence required by state's repeat offender statute.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Turner
Charging greatly disproportionate numbers of minority gang members with crack-cocaine offenses isn't selective prosecution.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Lightbourne
Following waiver, co-conspirators' spousal relationship doesn't create inherent conflict barring attorney's joint representation.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Turman
No plain error in jury instructions unless obvious to reasonably competent trial judge.
Criminal Law and Procedure Aug. 3, 1999
People v. Rowland
Defendant is properly resentenced after invalid original sentence lacking award of victim restitution.
Criminal Law and Procedure Aug. 3, 1999
People v. Llamas
Spouse can take community property vehicle with intent to temporarily deprive other spouse's possession.
Criminal Law and Procedure Aug. 3, 1999
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction.
Criminal Law and Procedure Aug. 3, 1999
People v. Robles
Government cannot appeal probation sentence, essentially seeking imposition of prison sentence.
Criminal Law and Procedure Aug. 3, 1999
People v. Flores
Driver knocked unconscious at scene of accident must provide identifying information immediately after regaining consciousness.
Criminal Law and Procedure Aug. 3, 1999
People v. Caceres
Three strikes law does not pre-empt statutory 15 percent precommitment conduct credit limitation.
Criminal Law and Procedure Aug. 3, 1999
People v. Gams
Relationship with victim after imposition of restraining order is not bar to criminal prosecution.
Criminal Law and Procedure Aug. 3, 1999
People v. Eldridge
After charges are refiled, defendant must deliver new demand for trial within 90 days.
Criminal Law and Procedure Aug. 3, 1999
U.S. v. Martinez-Villegas
Despite defendants' failure to receive acquittal on entrapment defense, entrapment evidence can be considered for sentencing.
Criminal Law and Procedure Aug. 2, 1999
People v. McClain
No mandated consecutive sentence for eluding a peace officer.
Criminal Law and Procedure Aug. 2, 1999
Warren v. Superior Court (Taylor)
Defense counsel's challenge for cause of trial judge for bias or prejudice isn't supported by record.
Criminal Law and Procedure Aug. 2, 1999
U.S. v. Acuna-Garcia
Officer's mistaken belief of mismatched license plat on vehicle may be considered in evaluating his reasonable suspicion.
Criminal Law and Procedure Aug. 1, 1999
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal.
Criminal Law and Procedure Aug. 1, 1999
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Collins
No prejudice inference from pretrial publicity if small percentage of venire panel has fixed guilt opinion.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Williams
Attempted kidnapping is crime of violence for career offender status.
Criminal Law and Procedure Jul. 30, 1999
People v. Burns
Defendant must complete diversion program five years before new arrest for second diversion eligibility.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. James
Overturning robbery counts for insufficient evidence isn't double jeopardy to remaining count resulting in mistrial.
Criminal Law and Procedure Jul. 30, 1999
U.S. v. Chiu
Government doesn't breach promise by using defendant's statements made in proffer session to prepare witnesses.
Criminal Law and Procedure Jul. 30, 1999