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U.S. v. Eshkol
Government's addition of charge after learning of defense theory does not implicate due process concerns.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds.
Criminal Law and Procedure Jul. 25, 1999
People v. Gardeley
Defendant's prior offenses don't have to be gang related to satisfy statutory enhancements for gang activity.
Criminal Law and Procedure Jul. 25, 1999
Duran v. Superior Court (People)
Defendant is entitled to hearing on request for juror's personal information based on possible juror misconduct.
Criminal Law and Procedure Jul. 25, 1999
People v. Jefferson
Three strikes law is inapposite to defendant with one strike and term for current offense is indeterminate.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Orendain
Order
Criminal Law and Procedure Jul. 23, 1999
State v. Kayer
Potentially invalid plea agreement can't be challenged for the first time on appeal.
Criminal Law and Procedure Jul. 22, 1999
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause.
Criminal Law and Procedure Jul. 20, 1999
Maryland v. Wilson
Officer making traffic stop can order passengers out of car pending completion of stop.
Criminal Law and Procedure Jul. 20, 1999
Lynce v. Mathis
Statute canceling provisional release credits for prisoners violates the ex post facto clause.
Criminal Law and Procedure Jul. 20, 1999
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions.
Criminal Law and Procedure Jul. 19, 1999
People v. Torres
Court can require defendant convicted of drug offense to waive custody credits as condition of probation.
Criminal Law and Procedure Jul. 19, 1999
People v. Coley
Loss of exhibits by trial court doesn't warrant overturning conviction absent attempt to reconstruct evidence.
Criminal Law and Procedure Jul. 19, 1999
People v. Reyes
Evidence of mental disorder and intoxication is admissible to refute essential element of crime.
Criminal Law and Procedure Jul. 19, 1999
People v. Sanchez
Defendant cannot be ordered to give blood and handprints under statute not including attempted murder.
Criminal Law and Procedure Jul. 19, 1999
People v. Gaines
Prosecutor commits misconduct by attempting to tell jury why defense witness did not testify.
Criminal Law and Procedure Jul. 19, 1999
Ng v. Superior Court (People)
Discretion is abused by relieving appointed defense counsel absent factual showing of impairment by representation.
Criminal Law and Procedure Jul. 19, 1999
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Washington
Evidence that accomplice had gun supports conviction for 'use' of firearm during crime of violence.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Bonat
Plea transcripts are used to determine status of prior convictions under Armed Career Criminal Act.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Flores-Uribe
Sentencing court lacks jurisdiction to issue deportation order at defendant's request without request from INS.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause.
Criminal Law and Procedure Jul. 19, 1999
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions.
Criminal Law and Procedure Jul. 19, 1999
U.S. v. Mendoza
Jurisdiction isn't lost after prosecutor with defective appointment appears post-indictment and conducts case.
Criminal Law and Procedure Jul. 19, 1999
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction.
Criminal Law and Procedure Jul. 19, 1999