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Boyd v. Thompson
District court in habeas proceeding may raise procedural default in interest of comity, federalism and judicial efficiency.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Cuddy
Sentencing court may depart from law of the case if earlier finding was clearly erroneous.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Fitzgerald
Federal Employees Compensation Act requires total disability claimant to disclose employment information.
Criminal Law and Procedure Apr. 11, 1999
People v. Bento
Court can't reconvene jury after juror expresses doubt if verdict has been read, affirmed, polled and recorded.
Criminal Law and Procedure Apr. 11, 1999
People v. Porter
Defendant's sentence can be enhanced for current conspiracy conviction if defendant 'substantially involved' in conspiracy.
Criminal Law and Procedure Apr. 11, 1999
People v. Aubrey
Three strikes law doesn't deprive trial court of discretion to grant probation to defendant with two strikes.
Criminal Law and Procedure Apr. 11, 1999
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Gordon
Certificate of appealability can only be granted for violation of constitutional rights, and not for alleged violation of federal law.
Criminal Law and Procedure Apr. 8, 1999
Smith v. Gibson
Order
Criminal Law and Procedure Apr. 8, 1999
Riggs v. Crandell
Order
Criminal Law and Procedure Apr. 7, 1999
U.S. v. Byrne
Extraneous printed material in jury room, which is sent out promptly upon discovery without jury reading it, doesn't affect verdict.
Criminal Law and Procedure Apr. 7, 1999
Quitana v. Maxwell
Order
Criminal Law and Procedure Apr. 7, 1999
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function.
Criminal Law and Procedure Apr. 7, 1999
U.S. v. Murphy
Order
Criminal Law and Procedure Apr. 6, 1999
U.S. v. Grayson
Order
Criminal Law and Procedure Apr. 6, 1999
Garcia v. Lemaster
Order
Criminal Law and Procedure Apr. 6, 1999
U.S. v. Wiseman
Explanation on how a defendant's conduct affects interstate commerce under federal statute isn't prosecutorial misconduct.
Criminal Law and Procedure Apr. 6, 1999
U.S. v. Madrugal-Aguilar
Order
Criminal Law and Procedure Apr. 6, 1999
Ortiz v. Stewart
Procedural default, as defined by state rule, bars numerous claims in federal habeas corpus proceeding.
Criminal Law and Procedure Apr. 6, 1999
Amancio v. Forster
Mere initial classification of offense as felony, doesn't mandate jury trial upon redesignation of offense as misdemeanor.
Criminal Law and Procedure Apr. 5, 1999
State v. Cohen
Reliance by victim must be shown for fraudulent schemes and artifices conviction.
Criminal Law and Procedure Apr. 5, 1999
People v. Braz
No enhancement for hit and run causing permanent, serious injury unless injury caused by failure to stop and render aid.
Criminal Law and Procedure Apr. 5, 1999
Fierro v. Gomez
Death row inmates who haven't chosen lethal gas as method of execution can't challenge its constitutionality.
Criminal Law and Procedure Apr. 5, 1999
U.S. v. Medina-Chavarin
Defendant with gun under seat of car during drug trafficking crime 'carries' gun for purposes of federal statute.
Criminal Law and Procedure Apr. 5, 1999
U.S. v. Reed
Use of special verdict form requiring jury to determine occurrence of acts, each of which constituted crime, is proper.
Criminal Law and Procedure Apr. 5, 1999
People v. Guiuan
Juries should be instructed that only accomplice testimony incriminating to defendants should be viewed with caution.
Criminal Law and Procedure Apr. 5, 1999
People v. Woods
Burglary of common laundry area in inhabited apartment complex supports first degree burglary conviction.
Criminal Law and Procedure Apr. 5, 1999
U.S. v. Ellis
Admission of prejudicial evidence concerning intent requires reversal where intent isn't an element of crime.
Criminal Law and Procedure Apr. 5, 1999
People v. Clayton
Entry by defendant given key by husband for purpose of attacking and killing wife constitutes burglary.
Criminal Law and Procedure Apr. 5, 1999
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts.
Criminal Law and Procedure Apr. 4, 1999