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U.S. v. Boos
In grouping related offenses, 'victim' in federal child pornography statute means minor child depicted in photograph.
Criminal Law and Procedure Jun. 9, 1999
U.S. v. Gutierrez-Alba
Temporary resident alien status under 'amnesty' statute isn't defense to unlawful re-entry after deportation for conviction.
Criminal Law and Procedure Jun. 9, 1999
People v. Sisneros
Possession of device requiring assembly before it can be used as knife isn't dirk or dagger.
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
People v. Banks
Remand is required when sentencing court erroneously believes it doesn't have power to dismiss strikes.
Criminal Law and Procedure Jun. 9, 1999
U.S. v. Soliz
After 'Miranda' warnings, suspect's agreement to discuss citizenship doesn't allow questioning about alien smuggling.
Criminal Law and Procedure Jun. 9, 1999
People v. Castillo
Defense counsel's failure to request voluntary intoxication instruction isn't ineffective where trial court gave adequate instruction.
Criminal Law and Procedure Jun. 9, 1999
People v. Hagen
Filing of tax returns, not including embezzed money, supports conviction for filing false returns.
Criminal Law and Procedure Jun. 9, 1999
People v. Crawford
Failure to instruct on presumption of innocence and prosecution's burden of proof is fatal to conviction.
Criminal Law and Procedure Jun. 9, 1999
People v. Egbert
Claimed speedy trial violation, statutory or constitutional, does not survive guilty plea in misdemeanor prosecutions.
Criminal Law and Procedure Jun. 9, 1999
People v. Ansaldo
Defendant's conduct clearly shows intent to commit lewd and lascivious acts sufficient to constitute attempt.
Criminal Law and Procedure Jun. 8, 1999
State v. Brown (Miles)
Legislature's adoption of statute regarding set time limits which conflict with set time limits adopted by court violates separation of powers doctrine.
Criminal Law and Procedure Jun. 8, 1999
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right.
Criminal Law and Procedure Jun. 8, 1999
U.S. v. Ripinsky
Partner's disclosure of unauthorized use of funds to bank officer doesn't establish complete fraud defense.
Criminal Law and Procedure Jun. 8, 1999
U.S. v. Helton
No sentence reduction for non-secure custody escape after inmate's disappearance from unsupervised work outside prison camp.
Criminal Law and Procedure Jun. 8, 1999
People v. Anzalone
'Strong arm' robbery is a qualifying 'mentally disordered offender' offense.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Washman
Defendant not providing information about unconvicted drug activity isn't entitled to 'safety valve' sentencing benefits.
Criminal Law and Procedure Jun. 7, 1999
Hohn v. United States
Supreme Court has certiorari jurisdiction over applications for certificates of appealability in federal habeas proceedings.
Criminal Law and Procedure Jun. 7, 1999
People v. Harrison
Full firearm use enhancement sentence for consecutive term, rather than one-third middle term, is error.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Pierson
Witness' testimony describing threats to family to explain cooperation with government isn't prejudicial to defendant.
Criminal Law and Procedure Jun. 7, 1999
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Pierson
Witness' testimony describing threats to family to explain cooperation with government isn't prejudicial to defendant.
Criminal Law and Procedure Jun. 7, 1999
People v. Greenberger
Defendant's declarations against interest are admitted into joint trial without denying codefendant's confrontation right.
Criminal Law and Procedure Jun. 7, 1999
People v. Moore
For misappropriating public funds, sufficient evidence allows court's judicial notice of water district's state status.
Criminal Law and Procedure Jun. 7, 1999
People v. Moore
For misappropriating public funds, sufficient evidence allows court's judicial notice of water district's state status.
Criminal Law and Procedure Jun. 7, 1999
U.S. v. Lussier
Intent to use explosive device as weapon isn't necessary for possession by convicted felon conviction.
Criminal Law and Procedure Jun. 7, 1999
Stein v. Wood
District court has jurisdiction concurrent with appeals court over custody of habeas corpus petitioner.
Criminal Law and Procedure Jun. 7, 1999
Wharton v. Calderon
In federal habeas action, warden cannot be barred from interviewing potential witnesses outside deposition setting.
Criminal Law and Procedure Jun. 7, 1999
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences.
Criminal Law and Procedure Jun. 7, 1999
People v. Silvey
Defendant committing manslaughter against 'intruder' at friend's house isn't entitled to defense of habitation instruction.
Criminal Law and Procedure Jun. 7, 1999