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People v. Lee
Reversal of conviction is improper where failure to inform jury about misdemeanor manslaughter version of involuntary manslaughter favors defendant.
Criminal Law and Procedure Mar. 29, 1999
People v. Douglas
Appeal that's unrelated to probation order is procedurally proper if there's no threat to defendant's probation.
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
Major v. Klinger
Order
Criminal Law and Procedure Mar. 29, 1999
Schroder v. Schlatter
Order
Criminal Law and Procedure Mar. 29, 1999
Buritica v. United States
Incentive program rewarding Customs agents who seize drugs may be unconstitutional.
Criminal Law and Procedure Mar. 29, 1999
People v. Yarborough
Prior child molestation conviction is both substantive element of current crime and a 'strike.'
Criminal Law and Procedure Mar. 29, 1999
People v. Rodarte
Making terrorist threats is crime of force or violence under mentally disordered offender statute.
Criminal Law and Procedure Mar. 29, 1999
People v. Burks
Scientific community generally accepts the modified ceiling approach in RELP analysis of DNA evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Bolin
Counsel doesn't render ineffective assistance in capital case by failing to renew venue motion after voir dire.
Criminal Law and Procedure Mar. 29, 1999
Robbins v. Smith
District courts must rule on all habeas petition claims, even if petition granted on one claim.
Criminal Law and Procedure Mar. 29, 1999
Roberts v. Ward
Order
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Ortiz-Aparicio
Order
Criminal Law and Procedure Mar. 26, 1999
Rineer v. Leonardo
Person isn't subject to the Sexually Violent Predators statutes if he hasn't committed one of the predicate offenses.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Douglas
Gratuities scheme by corporation located in Northern California doesn't support venue in Northern District.
Criminal Law and Procedure Mar. 26, 1999
Canales v. Roe
No presumed prejudice from counsel's failure to file notice of appeal where petitioner was notified and did nothing.
Criminal Law and Procedure Mar. 26, 1999
People v. Martinez
No jurisdictional error in not imposing drug program fee against defendant, but laboratory analysis fee is excessive.
Criminal Law and Procedure Mar. 26, 1999
Carr on Habeas Corpus
Fifteen percent limit on pre-probation and sentence conduct credits doesn't apply when probation is granted.
Criminal Law and Procedure Mar. 26, 1999
Ensoniq Corp. v. Superior Court (Dattoro)
Items seized from individual must be returned after charges dropped despite competing civil ownership claim.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment.
Criminal Law and Procedure Mar. 26, 1999
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape.
Criminal Law and Procedure Mar. 26, 1999
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense.
Criminal Law and Procedure Mar. 26, 1999
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year.
Criminal Law and Procedure Mar. 26, 1999
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Gough
Hiring another to drive truck filled with drug proceeds and watching unloading of truck constitutes money laundering.
Criminal Law and Procedure Mar. 26, 1999
People v. Carr
Defendant may be convicted both of burglary and of receiving property stolen in burglary.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Garcia
Gang members' general agreement to support each other in fights doesn't prove conspiracy to commit assault.
Criminal Law and Procedure Mar. 26, 1999
People v. Jackson
Kidnapping incident consisting of one abduction and a continuous period of detention is a single criminal act.
Criminal Law and Procedure Mar. 26, 1999