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People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute.
Criminal Law and Procedure Apr. 14, 1999
U.S. v. Rodriguez-Moreno
Federal firearms statute violations can be prosecuted in any district where the crime of violence occurs.
Criminal Law and Procedure Apr. 14, 1999
U.S. v. Yossunthorn
Attempted possession with intent to distribute heroin not substantiated absent evidence of substantial step toward possession of the heroin.
Criminal Law and Procedure Apr. 13, 1999
Wright v. Maddox
Prejudicial error occurs when prosecutor calls unsworn witness to elicit his refusal to testify and then elicits double hearsay that defendant threatened witness.
Criminal Law and Procedure Apr. 13, 1999
Mitchell v. U.S.
Defendant who pleads guilty at trial doesn't waive right to remain silent at sentencing.
Criminal Law and Procedure Apr. 13, 1999
People v. Bradley
Court's failure to impose or strike prior prison term enhancement leads to legally unauthorized sentence.
Criminal Law and Procedure Apr. 13, 1999
People v. Sinclair
Defendant isn't entitled to manslaughter instruction in absence of evidence indicting passion or imperfect self-defense.
Criminal Law and Procedure Apr. 13, 1999
U.S. v. Bennett
District court can't consider defendant's challenge to forfeiture order after defendant declined to appeal it.
Criminal Law and Procedure Apr. 13, 1999
U.S. v. Lopez-Sandoval
Translator for drug operation isn't subject to sentence enhancement as organizer or leader of conspiracy.
Criminal Law and Procedure Apr. 13, 1999
People v. Scott
Criminal defendant has no right of self-representation on appeal.
Criminal Law and Procedure Apr. 13, 1999
Warren v. Superior Court (Taylor)
Defense counsel's challenge for cause of trial judge for bias or prejudice isn't supported by record.
Criminal Law and Procedure Apr. 13, 1999
U.S. v. Keating
Juror exposure during trial to extrinsic evidence of defendant's state court conviction requires new trial.
Criminal Law and Procedure Apr. 13, 1999
People v. Benevides
Decision not to strike prior conviction is subject to limited appellate review for abuse of discretion.
Criminal Law and Procedure Apr. 13, 1999
People v. Enlow
Auto theft defendant is subject to increased penalties in effect when offense was committed.
Criminal Law and Procedure Apr. 13, 1999
People v. Chatman
Routine screening questions in jail about arrestee's current drug use is permissible under Miranda exception
Criminal Law and Procedure Apr. 13, 1999
People v. Soto
Evidence of defendant's prior sexual conduct is properly admitted in trial for various sex offenses.
Criminal Law and Procedure Apr. 13, 1999
People v. Bradley
Court's failure to impose or strike prior prison term enhancement leads to legally unauthorized sentence.
Criminal Law and Procedure Apr. 13, 1999
Rhoden v. Rowland
Unconstitutional shackling of defendant at trial in view of jury is inherently prejudicial.
Criminal Law and Procedure Apr. 13, 1999
Frohlich v. Tucson City Court (State)
Proceeding for violating municipal ordinance is properly commenced by notice and complaint.
Criminal Law and Procedure Apr. 13, 1999
State v. Reed
Defendant's suicide attempt and subsequent hospitalization doesn't necessarily constitute involuntary absence from trial.
Criminal Law and Procedure Apr. 13, 1999
People v. Armigo
Jury instruction on conspiracy to commit second degree express malice murder is properly given.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Santos-Pinon
Use of videotaped depositions of unavailable deported witnesses doesn't violate confrontation clause.
Criminal Law and Procedure Apr. 12, 1999
Stanton v. Benzler
Jury is properly instructed, rather than permitted to decide, that arsenic trioxide is a poison.
Criminal Law and Procedure Apr. 12, 1999
People v. Tillis
Evidence doesn't support contention that government violated discovery statute by failing to list possible rebuttal witness.
Criminal Law and Procedure Apr. 12, 1999
People v. Bolin
Counsel doesn't render ineffective assistance in capital case by failing to renew venue motion after voir dire.
Criminal Law and Procedure Apr. 12, 1999
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction.
Criminal Law and Procedure Apr. 12, 1999
Bryan v. United States
Defendant 'willfully' violates firearms laws if he knows conduct is unlawful but is unaware of specific statute.
Criminal Law and Procedure Apr. 12, 1999
People v. Lucero
Hearsay statements in robbery trial are harmless and officer's lay opinion regarding shoe print is admissible.
Criminal Law and Procedure Apr. 12, 1999
People v. Lopez
Victim's preliminary hearing testimony properly admitted after reasonable diligence used to locate her for trial.
Criminal Law and Procedure Apr. 12, 1999
People v. Hong
Clerks must record restitution fines on abstracts of judgment.
Criminal Law and Procedure Apr. 12, 1999