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People v. Rodriguez
Special circumstance of 'drive-by' murder is constitutional on its face and as applied.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Sandoval
Conviction for infraction of petty theft may be counted toward criminal history score.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Smith
Conviction for insider trading requires proof that defendant actually used material non-public information.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Kaczynski
Media's common law right of access outweighs defendant's privacy interest in content of psychiatric report.
Criminal Law and Procedure Mar. 26, 1999
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default.
Criminal Law and Procedure Mar. 26, 1999
People v. Burks
Custody credits waived after probation violation generally aren't recaptured when probation violated again.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment.
Criminal Law and Procedure Mar. 26, 1999
U.S. v. Odedo
Court must explain nature of charges to defendant before accepting guilty plea.
Criminal Law and Procedure Mar. 26, 1999
In re David H.
Probation officer having authority of a peace officer in performance of official duties is a peace officer, and assault thereon is aggravated assault.
Criminal Law and Procedure Mar. 25, 1999
U.S. v. McClelland
Order
Criminal Law and Procedure Mar. 25, 1999
Moreno v. Stewart
Trial court doesn't have to openly discuss validity of defendant's waiver of right to counsel before allowing self-representation.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Negri
Order
Criminal Law and Procedure Mar. 24, 1999
Parks v. Hargett
Order
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Crawford
Order
Criminal Law and Procedure Mar. 24, 1999
Maloney v. Poppel
Order
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Green
Exceptional post-sentencing rehabilitation efforts may justify downward departure upon resentencing.
Criminal Law and Procedure Mar. 24, 1999
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder.
Criminal Law and Procedure Mar. 24, 1999
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes.
Criminal Law and Procedure Mar. 24, 1999
People v. Birks
Denial of defendant's requested instruction on lesser included offense isn't prejudicial error requiring reversal of conviction.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional.
Criminal Law and Procedure Mar. 24, 1999
Allen v. Crabtree
No custody credit toward consecutive sentence for parole violation for time served before last sentence vacated.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Allen
Ineffective assistance claim is successive even if it includes new factual allegations.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Allen
State misdemeanor convictions are properly included in calculation of defendant's criminal history score.
Criminal Law and Procedure Mar. 24, 1999
Allen v. State of Oregon
Federal prison inmate with state convictions isn't in state custody for habeas corpus purposes.
Criminal Law and Procedure Mar. 24, 1999
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Allen
State misdemeanor convictions are properly included in calculation of defendant's criminal history score.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions.
Criminal Law and Procedure Mar. 24, 1999
Furguiel v. Benov
Without Bureau of Prisons notification to prisoner of eligibility, prisoner hasn't expectation of early release.
Criminal Law and Procedure Mar. 24, 1999
People v. Cortez
Conspiracy to commit murder is conspiracy to commit premeditated first-degree murder and punishable as such.
Criminal Law and Procedure Mar. 24, 1999