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People v. Yarborough
Prior child molestation conviction is both substantive element of current crime and a 'strike.'
Criminal Law and Procedure Mar. 17, 1999
U.S. v. Soueiti
Decision whether to order deportation of criminal defendant isn't a civil matter under Equal Access to Justice Act.
Criminal Law and Procedure Mar. 17, 1999
U.S. v. Young
Search of parcel by Federal Express isn't state action and doesn't violate Fourth Amendment.
Criminal Law and Procedure Mar. 17, 1999
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing
Criminal Law and Procedure Mar. 17, 1999
People v. Hall
Court doesn't have to impose consecutive sentences if it's unclear whether crimes arose on same occasion.
Criminal Law and Procedure Mar. 17, 1999
U.S. v. Isaacson
Sentence enhancement for abuse of position of trust is properly applied to bank's head vault teller.
Criminal Law and Procedure Mar. 17, 1999
State v. Proctor
The Fraudulent Scheme and Artifice Statute meets constitutional standards and is not inconsistent with a defendants protected constitutional rights.
Criminal Law and Procedure Mar. 16, 1999
U.S. v. Hunt
Order
Criminal Law and Procedure Mar. 16, 1999
U.S. v. Morris
Order
Criminal Law and Procedure Mar. 16, 1999
State v. Mahaney
Under Arizona statutory law, the term "endanger" means to subject a person to potential harm.
Criminal Law and Procedure Mar. 16, 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. 15, 1999
Strickler v. Greene
Failure to establish cause and prejudice to excuse procedural default precludes defendant's "Brady" claim.
Criminal Law and Procedure Mar. 15, 1999
Extradition of Artt
General scheme for extradition of prisoners to United Kingdom doesn't violate separation of powers doctrine.
Criminal Law and Procedure Mar. 15, 1999
Elledge v. Florida
Order
Criminal Law and Procedure Mar. 15, 1999
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel.
Criminal Law and Procedure Mar. 15, 1999
U.S. v. Lugo
Defendant's failure to formally file motion to dismiss case, waives his right to a speedy trial pursuant to Speedy Trial Act.
Criminal Law and Procedure Mar. 12, 1999
People v. Krantz
Undercover agent's alleged offer to pay for protected artifacts doesn't support entrapment defense.
Criminal Law and Procedure Mar. 12, 1999
People v. Ranger Insurance Co.
Court loses jurisdiction to declare forfeiture of bail by failing to do so at master trial calendar hearing.
Criminal Law and Procedure Mar. 12, 1999
People v. Llamas
Court doesn't abuse discretion by resentencing defendant without first obtaining probation report.
Criminal Law and Procedure Mar. 12, 1999
County of Los Angeles v. National Automobile & Casualty Insurance Co.
Court can't order tolling of 180-day period for forfeiture of bail bond once period has expired.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Carter
Attempted suicide by overdose justifies drug-related supervised release conditions.
Criminal Law and Procedure Mar. 12, 1999
Johnson on Habeas Corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence.
Criminal Law and Procedure Mar. 12, 1999
People v. Hernandez
Hearsay exception regarding threats of harm involves sufficient indicia of reliability to be constitutional.
Criminal Law and Procedure Mar. 12, 1999
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant.
Criminal Law and Procedure Mar. 12, 1999
O'Connor v. Madera County Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate.
Criminal Law and Procedure Mar. 12, 1999
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details.
Criminal Law and Procedure Mar. 12, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money.
Criminal Law and Procedure Mar. 12, 1999
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions.
Criminal Law and Procedure Mar. 12, 1999