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U.S. v. Uchimura
Jury decides materiality issue in prosecution for filing a false tax return.
Criminal Law and Procedure Jul. 27, 1999
U.S. v. Floyd
Despite mistaken belief of appeal right, defendant still cannot appeal conviction after unconditional guilty plea.
Criminal Law and Procedure Jul. 27, 1999
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction.
Criminal Law and Procedure Jul. 27, 1999
People v. Lloyd
Review granted
Criminal Law and Procedure Jul. 27, 1999
Hubbart v. Superior Court (People)
Sexually Violent Predators Act is constitutional on face and isn't double jeopardy nor ex post facto violation.
Criminal Law and Procedure Jul. 27, 1999
People v. Howard
When court imposes sentence but suspends execution for probation, after revocation sentence cannot be reduced.
Criminal Law and Procedure Jul. 27, 1999
State v. Adams
Conviction for first-degree murder with sentence of death appropriate under the circumstances.
Criminal Law and Procedure Jul. 27, 1999
Thompson v. Calderon
Absent prejudice to defendant, grant of habeas relief for ineffective assistance of counsel is erroneous.
Criminal Law and Procedure Jul. 26, 1999
Alvarado v. Superior Court
Court may withhold identities of witnesses from defense after determining witnesses are in mortal danger.
Criminal Law and Procedure Jul. 26, 1999
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.'
Criminal Law and Procedure Jul. 26, 1999
People v. Reed
Defendant's acts constitute attempt and not mere preparation to commit crime of attempted molestation.
Criminal Law and Procedure Jul. 26, 1999
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial.
Criminal Law and Procedure Jul. 26, 1999
Thompson v. Superior Court (People)
Defendant's raw, written witness interview notes must be given to government in discovery.
Criminal Law and Procedure Jul. 26, 1999
People v. Rosbury
Appellate court errs by equating 'sentence' imposition following defendant's probation violation with a current conviction.
Criminal Law and Procedure Jul. 26, 1999
People v. Lamonte
Court must return computer equipment seized by police and allegedly used by defendant for crimes.
Criminal Law and Procedure Jul. 26, 1999
Miles v. Stainer
Defendant's failure to take psychotropic medication two weeks before guilty plea raises competency reasonable doubts.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Viltrakis
Defendant lacks standing to appeal amount of fees ordered to be paid to defense witness.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Merriam
Securities dealer's lifetime bar from national association doesn't preclude subsequent fraud prosecution for same acts.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Webster
Face value of uncut counterfeit bills determines level of sentence enhancement for passing counterfeit currency.
Criminal Law and Procedure Jul. 26, 1999
Moore v. Calderon
Habeas relief provided after state court denies murder defendant's self-representation request weeks before trial.
Criminal Law and Procedure Jul. 26, 1999
Martin v. U.S. Parole Commission
Parole Commission retains jurisdiction over parolee as mandated by parole statute despite repeal of statute.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Harris
Federal bank robbery statute requires prosecutor to establish a connection to interstate commerce.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Mendoza
Federal district of alleged crime is venue for prosecuting aiding and abetting drug possession for distribution.
Criminal Law and Procedure Jul. 26, 1999
U.S. v. Clayton
Telephones, cellular phone cloning tools and ID numbers are state commerce instrumentalities under commerce clause regulation.
Criminal Law and Procedure Jul. 26, 1999
Young v. Harper
Defendant ordered back to prison after being granted early release is denied due process.
Criminal Law and Procedure Jul. 26, 1999
Salinas v. United States
Deputy sheriff's conviction for bribery, after allowing female 'contact visits' with federal prisoner, is justified.
Criminal Law and Procedure Jul. 26, 1999
People v. Houck
Preliminary hearing transcript isn't part of 'record of conviction and isn't admissible.
Criminal Law and Procedure Jul. 26, 1999
People v. Robinson
Court's refusal to appoint indigent defendant's chosen attorney at retrial isn't abuse of discretion.
Criminal Law and Procedure Jul. 25, 1999
Calderon v. U.S. District Court (Gordon)
State cannot challenge capital habeas corpus petitioner's request under Anti-Drug Abuse Act for investigation funds.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Morales
Expert witness' opinion on predicate matter allows jury to infer whether defendant had required mens rea.
Criminal Law and Procedure Jul. 25, 1999