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People v. Walker
Unconstitutional race-based peremptory challenge must appear racially motivated under all relevant circumstances.
Criminal Law and Procedure Apr. 12, 1999
People v. Sanchez
Abstract of judgment must reflect order for restitution of laboratory fees.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Bajakajian
Forfeiture of unreported currency transported out of country for lawful purpose is grossly disproportional to offense.
Criminal Law and Procedure Apr. 12, 1999
People v. Majors
Defendant relinquishes right to be present at penalty phase by requesting absence and threatening disruption.
Criminal Law and Procedure Apr. 12, 1999
People v. Kipp
Court isn't obligated to disqualify juror for cause after she asserts that she is biased against defendant.
Criminal Law and Procedure Apr. 12, 1999
Robles v. United States
Comprehensive Drug Abuse Prevention and Control Act doesn't authorize second term of special parole.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Cruz-Mendoza
Defense counsel's erroneous legal theory isn't prejudicial and doesn't warrant reversal for ineffective assistance.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Edwards
Prosecutor may not continue to represent government after personally discovering key evidence during trial.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Turnipseed
Defendant pleading guilty to possession of stolen firearm may have sentence enhanced for gun possession.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Lazarevich
Criminal sentence imposed on defendant extradited from Netherlands doesn't violate doctrine of specialty in extradition treaty.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Merino-Balderrama
Probative value of pornographic films outweighed by risk of prejudice in light of available alternatives.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Fellows
Each computer graphics file is a separate 'item' for sentencing purposes in child pornography case.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Devorkin
Maximum sentence for solicitation of murder for hire is 20 years.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Vinaithong
Order
Criminal Law and Procedure Apr. 12, 1999
Setser v. Lucero
Order
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Gordon
Search of locked duffel bag doesn't exceed scope of consent if part of general authorization to search and defendant fails to object.
Criminal Law and Procedure Apr. 12, 1999
Rogers v. Gibson
Psychiatric evidence of future dangerousness isn't necessary to entitle a defendant to a psychiatric expert.
Criminal Law and Procedure Apr. 12, 1999
Tapia v. LeMaster
Order
Criminal Law and Procedure Apr. 12, 1999
Osborne v. Boone
Order
Criminal Law and Procedure Apr. 12, 1999
Calderon v. U.S. District Court (Kelly)
Earlier holding that prisoner's federal habeas petitions are barred by statute of limitations is res judicata.
Criminal Law and Procedure Apr. 11, 1999
Brookner v. Superior Court (People)
Courts may appoint public defenders as advisory and standby counsel for pro per defendants.
Criminal Law and Procedure Apr. 11, 1999
People v. Farsight
Alleged partner has no claim of title defense against charge of embezzlement.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Viramontes-Alvarado
Defendant claiming U.S. citizenship through American father must show he lived with alleged father during childhood.
Criminal Law and Procedure Apr. 11, 1999
Calderon v. District Court
Habeas petitions pending at the time Antiterroism Act was enacted are not barred by its statute of limitations.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Fultz
Homeless man has reasonable expectation of privacy in boxes and bags stored in friend's garage.
Criminal Law and Procedure Apr. 11, 1999
People v. Musselwhite
Jury instruction given over defendant's requested instruction regarding defendant's mental capacity to commit murder is adequate.
Criminal Law and Procedure Apr. 11, 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. 11, 1999
Monge v. California
Double jeopardy clause doesn't extend to noncapital sentencing proceedings.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional.
Criminal Law and Procedure Apr. 11, 1999
Johnson on habeas corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence.
Criminal Law and Procedure Apr. 11, 1999