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People v. Fairbanks
Conviction and death sentence for torture and murder of woman while attempting rape is warranted.
Criminal Law and Procedure Jun. 6, 1999
U.S. v. Gutierrez-Cervantez
Alien who had counsel at prior judgment cannot collaterally attack it after illegal re-entry.
Criminal Law and Procedure Jun. 6, 1999
U.S. v. Bauer
In a prosecution for concealing assets, defendant's attorney client privilege is violated by bankruptcy attorney's testimony.
Criminal Law and Procedure Jun. 6, 1999
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error.
Criminal Law and Procedure Jun. 6, 1999
People v. Myers
Penal Code does not bar imposition of six-year enhancement on first-degree murder conviction.
Criminal Law and Procedure Jun. 6, 1999
People v. Ramirez
Probable cause to stop vehicle can be based on information furnished by another officer.
Criminal Law and Procedure Jun. 6, 1999
People v. Loeun
Criminal gang activity is proven by offense charged and proof of another offense by fellow gang member.
Criminal Law and Procedure Jun. 6, 1999
Carriger v. Stewart
Under miscarriage-of-justice exception to abuse-of-writ doctrine, habeas petitioner's evidence warrants new murder trial.
Criminal Law and Procedure Jun. 6, 1999
People v. Mills,
Elimination of court's discretion to dismiss prior 'strike' conviction does not violate separation of powers.
Criminal Law and Procedure Jun. 6, 1999
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant.
Criminal Law and Procedure Jun. 6, 1999
People v. Leblanc
Absent exigent circumstances, search of remainder of defendant's motel room for drugs violates Fourth Amendment.
Criminal Law and Procedure Jun. 6, 1999
Gray v. Maryland
Use of confession which substitutes blanks and word 'delete' for defendant's proper name is prohibited.
Criminal Law and Procedure Jun. 6, 1999
Correll v. Stewart
Counsel's failure to present available evidence during penalty phase requires evidentiary hearing on habeas claim.
Criminal Law and Procedure Jun. 6, 1999
Calderon v. U.S. District Court (Malone)
District court order regarding extradition isn't reviewable by mandamus when ordinary appeal is available.
Criminal Law and Procedure Jun. 6, 1999
People v. Cook
Fact that key element of crime is performed by another doesn't make accomplice aider and abettor.
Criminal Law and Procedure Jun. 6, 1999
People v. Reese,
'Three strikes' sentence of 25 years to life doesn't violate prohibitions against cruel and unusual punishment.
Criminal Law and Procedure Jun. 6, 1999
People v. Steffens
Fraudulent charges are a necessary element of crime of altering access card account information.
Criminal Law and Procedure Jun. 6, 1999
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant.
Criminal Law and Procedure Jun. 6, 1999
Furguiel v. Benov
Prisoner's prior armed robbery conviction renders him ineligible for sentence reduction based on drug program completion.
Criminal Law and Procedure Jun. 6, 1999
People v. Armigo
Jury instruction on conspiracy to commit second degree express malice murder is properly given.
Criminal Law and Procedure Jun. 6, 1999
People v. Fitzgerald
Defendant's sentence is modified to reduce presentence custody credits based on conviction for violent felony.
Criminal Law and Procedure Jun. 4, 1999
People v. Phillips
Reversal required where court fails to define reasonable doubt or to instruct about presumption of innocence.
Criminal Law and Procedure Jun. 4, 1999
People v. Hall
Defendant's challenge to court's jurisdiction to order execution of sentence after commitment for another offense fails.
Criminal Law and Procedure Jun. 4, 1999
Ryan v. Arellano
Double jeopardy bars state from retrying defendant for felony murder predicated on kidnapping charge where defendant has been convicted of lesser-included offense of kidnapping.
Criminal Law and Procedure Jun. 4, 1999
Hudson v. United States
Double jeopardy doesn't bar criminal prosecution after penalties and debarment on petitioners by Comptroller of Currency.
Criminal Law and Procedure Jun. 4, 1999
People v. Collins
Evidence must be suppressed after prosecutor fails to establish existence of arrest warrants.
Criminal Law and Procedure Jun. 4, 1999
People v. Wilson
Sufficient exigent circumstances exist to justify warrantless entry into motel room by police officer.
Criminal Law and Procedure Jun. 4, 1999
People v. Rouser
Contemporaneous possession in prison of two or more discrete controlled substances constitutes one offense.
Criminal Law and Procedure Jun. 4, 1999
People v. Goodwin
Using identification numbers rather than names during jury selection doesn't violate constitutional right to public trial.
Criminal Law and Procedure Jun. 4, 1999
People v. Williams
Appeal is rejected due to defendant's failure to raise any arguable issues.
Criminal Law and Procedure Jun. 4, 1999