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U.S. v. Bighead
Government expert can testify on general characteristics of abused children after interviewing many alleged victims.
Criminal Law and Procedure Jun. 10, 1999
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction.
Criminal Law and Procedure Jun. 10, 1999
People v. Hansen
Encouraging victim to play Russian roulette is sufficient to establish felony child endangerment.
Criminal Law and Procedure Jun. 10, 1999
People v. Griggs
Juvenile adjudication for residential burglary qualifies as strike under the three strikes law.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Stein
$6.3 million loss to victims doesn't substantially exceed $5 million level to justify upward sentencing departure.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Otis
Conspiracy to launder money isn't lesser included offense of aiding/abetting conspiracy to distribute.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Cain
Defense attorney's subscription to joint jury instructions waives error of misdefinition of element of charged offense.
Criminal Law and Procedure Jun. 10, 1999
Wood v. Hall
State parolee who fled while appeal pending cannot raise habeas claim absent cause and prejudice.
Criminal Law and Procedure Jun. 10, 1999
Grisby v. Blodgett
Habeas petition cannot be denied based on evidence of bias by victim and improper sentencing scheme.
Criminal Law and Procedure Jun. 10, 1999
Paradis v. Arave
Government must disclose notes contradicting the jurisdictionally material testimony of medical witness on killing's location.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Shetty
Tax-fraud defendant's transfer of money offshore during IRS criminal investigation constitutes obstruction of justice.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Hockings
Computer graphic image files containing retrievable images qualify as visual depictions under child pornography law.
Criminal Law and Procedure Jun. 10, 1999
Delancy v. Crabtree
Federal statutory sentence reduction for completing drug/alcohol program is inapplicable to pre-guidelines prisoners.
Criminal Law and Procedure Jun. 10, 1999
People v. Hagen
Improper instruction on meaning of 'willfulness' in filing false tax return isn't reversible error.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Gomez-Gutierrez
Conviction for illegal re-entry after deportation doesn't require proof of actual notice of deportation hearing.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Edmo
Police may demand urine sample as part of search incident to drug-related arrest.
Criminal Law and Procedure Jun. 10, 1999
People v. Lopez
Child annoyance isn't necessarily lesser included offense of committing lewd act on child under 14.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction.
Criminal Law and Procedure Jun. 10, 1999
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Van Poyck
No extension of period to file challenge to sentence absent showing of extraordinary circumstances.
Criminal Law and Procedure Jun. 10, 1999
People v. Tufono
During patdown search, officer cannot retrieve object from suspect's pocket that isn't weapon or contraband.
Criminal Law and Procedure Jun. 9, 1999
U.S. v. Chan-Jimenez
Seizure occurs when officer retains driver's license with hand on gun and proceeds to investigate.
Criminal Law and Procedure Jun. 9, 1999
People v. Davis
Defendant cannot collaterally challenge prior conviction on grounds of ineffective assistance of counsel.
Criminal Law and Procedure Jun. 9, 1999
People v. Merfeld
Privilege against self-incrimination doesn't bar prosecution from questioning mentally disordered offender about his mental state.
Criminal Law and Procedure Jun. 9, 1999
People v. Sylvester
Conduct-credit limitation for defendants convicted of violent felonies applies to preconviction custody.
Criminal Law and Procedure Jun. 9, 1999
People v. $48,715 U.S. Currency
Absent factual nexus between search and unlawful detention, the detention doesn't terminate consent to search.
Criminal Law and Procedure Jun. 9, 1999
People v. Gohdes
Late-night visits to minor's room through window, aren't sufficient to support finding of 'recurring access.'
Criminal Law and Procedure Jun. 9, 1999
People v. Torres
Law enforcement entity spending money to purchase drugs doesn't become 'victim' entitled to restitution.
Criminal Law and Procedure Jun. 9, 1999
People v. Smith
New sentence hearing is required where court believed it had no discretion to dismiss prior strikes.
Criminal Law and Procedure Jun. 9, 1999
People v. Sanchez
Trial court isn't required to instruct jury on power to nullify the verdict.
Criminal Law and Procedure Jun. 9, 1999