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Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Foster
Transportation of firearm in pickup truck's bed sufficient for conviction for carrying firearm in drug-related crime.
Criminal Law and Procedure Mar. 29, 1999
Park v. People
Habeas relief for improper consolidation of charges is only available if petitioner received a fundamentally unfair trial.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Pineda-Garcia
Previous conviction for using fraudulent identification documents not immigration related for sentence enhancement purposes.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Lopes-Montes
Under Federal Sentencing Guidelines, make-up of drugs actually seized may be used to estimate purity of unrecovered drugs.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Riewe
Court required to make specific factual findings when rejecting sentencing entrapment argument.
Criminal Law and Procedure Mar. 29, 1999
Henry v. Lungren
Jurisdiction by "relating back" to earlier habeas petition is improper if petitioner's not in custody before second filing.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Scholl
Testimony supporting compulsive gambler defense properly excluded in federal prosecution.
Criminal Law and Procedure Mar. 29, 1999
Vansickel v. White
Absent prejudice, automatic reversal's unavailable where timely objections to due process violations aren't made.
Criminal Law and Procedure Mar. 29, 1999
People v. Matthews
Insufficient evidence to support conviction for removing or taking officer's weapon where officer drops gun after being run into by the defendant.
Criminal Law and Procedure Mar. 29, 1999
Lisenbee v. Henry
Due process isn't violated by use of 'abiding conviction' language in jury instruction on reasonable doubt.
Criminal Law and Procedure Mar. 29, 1999
People v. Superior Court (Roam)
Prior to sentencing, convicted 'Three Strikes' defendant can't be released on supervised own recognizance to attend drug rehabilitation.
Criminal Law and Procedure Mar. 29, 1999
People v. Terrell
Sentencing court erred when it failed to impose parole revocation fine and statutory assessments against defendant.
Criminal Law and Procedure Mar. 29, 1999
In re Pratt
Habeas corpus properly granted where trial judge's factual resolutions of evidentiary conflicts supported by substantial evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Ellis
Harmless error not to provide amplifying instructions defining speeding where giving instruction for felony driving under the influence.
Criminal Law and Procedure Mar. 29, 1999
People v. Garcia
Defendant can be convicted under provocative-act theory of murder even if murder was committed by accomplice.
Criminal Law and Procedure Mar. 29, 1999
Mardesich v. California Youthful Offender Parole Board
Trial court must exercise independent review over California Youthful Offender Parole Board's decision to transfer individual out of California Youth Authority.
Criminal Law and Procedure Mar. 29, 1999
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing.
Criminal Law and Procedure Mar. 29, 1999
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing.
Criminal Law and Procedure Mar. 29, 1999
People v. Fernandez
Failure to meet notice requirement of Mentally Disordered Offender statute doesn't result in automatic release of prisoner.
Criminal Law and Procedure Mar. 29, 1999
People v. West
Insufficient proof of defendant having received two prior determinate sentences for sexually violent offenses, precludes finding that defendant is sexual violent predator.
Criminal Law and Procedure Mar. 29, 1999
People v. Goslar
Vehicular manslaughter statute with different blood alcohol levels required for conviction depending on individual's age isn't void for vagueness.
Criminal Law and Procedure Mar. 29, 1999
People v. Parra
Proof of intent to sell illegal drugs doesn't require defendant to have intent to sell personally, only intent that drugs are sold.
Criminal Law and Procedure Mar. 29, 1999
People v. Wilborn
Failure of court to question prospective jurors regarding racial bias deprives defendant of a fair and impartial jury.
Criminal Law and Procedure Mar. 29, 1999
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted.
Criminal Law and Procedure Mar. 29, 1999
People v. Rangel
Ordering a diagnostic evaluation by the California Youth Authority, for sentencing purposes, is within trial court's discretion.
Criminal Law and Procedure Mar. 29, 1999
People v. Felix
Truth in Evidence Clause doesn't abrogate Evidence Code's criteria for the admission of character evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Lavaie
Simply being missing isn't sufficient evidence to support prison escape conviction, even though it's sufficient to find prison rule violation.
Criminal Law and Procedure Mar. 29, 1999
People v. Mercer
Evidence sufficient to establish defendant as sexually violent predator when fact-finder determines defendant will re-offend.
Criminal Law and Procedure Mar. 29, 1999
Millsap v. Superior Court (People)
Although entire office need not be recused, particular Deputy District Attorneys, who defendant targeted in murder solicitation, must be recused.
Criminal Law and Procedure Mar. 29, 1999