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U.S. v. Ortland
Admission of weak evidence by defendant's business counsel is harmless error given strong guilt evidence.
Criminal Law and Procedure Jul. 29, 1999
Davis v. Crabtree
Possession of firearm isn't a violent crime for sentence reduction purposes under violent crime control statute.
Criminal Law and Procedure Jul. 29, 1999
Reutter v. Crandel
Issue statement in state habeas petition's prayer for relief can satisfy federal exhaustion requirement.
Criminal Law and Procedure Jul. 29, 1999
U.S. v. Thickstun
Defendant's inability to commit crime without government assistance doesn't establish defense of entrapment.
Criminal Law and Procedure Jul. 29, 1999
People v. Welch
Defendant's Statement to a PolygraphExaminer is Not Made in Course of Plea Negotiations.
Criminal Law and Procedure Jul. 29, 1999
People v. Davis
Passing forged check through building's walk-up window 'chute' constitutes 'entry' for burglary purposes.
Criminal Law and Procedure Jul. 29, 1999
People v. McKinney
Prosecution of robbery charge is barred after charge has been dismissed twice.
Criminal Law and Procedure Jul. 29, 1999
People v. Allen
Trial court's failure to show it had discretion to strike prior felony allegation requires remand.
Criminal Law and Procedure Jul. 29, 1999
People v. Martinez
Convictions for terrorist threats are supported by defendant's words and surrounding circumstances.
Criminal Law and Procedure Jul. 29, 1999
People v. Lloyd
Dismissal of defendant's appeal of sentence after pleading no contest to charges is error.
Criminal Law and Procedure Jul. 28, 1999
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case.
Criminal Law and Procedure Jul. 28, 1999
In re Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case.
Criminal Law and Procedure Jul. 28, 1999
U.S. v. Wells
Materiality of falsehood isn't element of crime of knowingly making false statements to federally-insured bank.
Criminal Law and Procedure Jul. 28, 1999
People v. Mayfield
Defendant's deliberate killing of peace officer warrants upholding murder conviction and death sentence.
Criminal Law and Procedure Jul. 28, 1999
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony.
Criminal Law and Procedure Jul. 28, 1999
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.'
Criminal Law and Procedure Jul. 28, 1999
California Department of Corrections v. Office of Administrative Hearings (Anthony)
Administrative law judge can appoint psychiatric expert to assist inmate at involuntary medication hearing.
Criminal Law and Procedure Jul. 28, 1999
People v. Ortiz
Non-profit trade association, representing direct victims of defendant's crime, is awarded restitution.
Criminal Law and Procedure Jul. 28, 1999
People v. Ochoa
Sentence enhancements are consecutive to indeterminate life term under three strikes law.
Criminal Law and Procedure Jul. 28, 1999
People v. Superior Court (Alvarez)
Three strikes law doesn't defeat trial court's sentencing discretion to reduce wobbler felony to misdemeanor.
Criminal Law and Procedure Jul. 28, 1999
Hubbard v. Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on cross-examination.
Criminal Law and Procedure Jul. 28, 1999
U.S. v. Godinez
Defendant appearing before sentencing jury in shackles that are not visible is harmless error.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Kikuyama
Defendant's need for psychiatric treatment is insufficient to support court imposing discretionary consecutive sentences.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Hugs
Standing to attack protection law, requires Native Americans to apply to take eagles for religious purposes.
Criminal Law and Procedure Jul. 27, 1999
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction.
Criminal Law and Procedure Jul. 27, 1999
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case.
Criminal Law and Procedure Jul. 27, 1999
People v. Laster
'Natural and probable consequences' instruction is appropriate if charged crime is foreseeable result of target offense.
Criminal Law and Procedure Jul. 27, 1999
Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case.
Criminal Law and Procedure Jul. 27, 1999
People v. Monreal
Probation report including defendant's admissions qualifies as part of conviction record and admissible hearsay.
Criminal Law and Procedure Jul. 27, 1999
People v. Marshall
Death sentence defeated by faulty jury instructions on intent to kill element of special circumstance allegations.
Criminal Law and Procedure Jul. 27, 1999