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People of the Territory of Guam v. Shymanovitz
Testimony regarding pronographic magazines found in home of child molestation defendant is excessively prejudicial.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment.
Criminal Law and Procedure Mar. 12, 1999
People v. McGlothin
Trial court abuses its discretion by substituting its conclusions for the Legislature's in striking a prior offense.
Criminal Law and Procedure Mar. 12, 1999
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel.
Criminal Law and Procedure Mar. 12, 1999
Matter of Extradition of Artt
General scheme for extradition of prisoners to United Kingdom doesn't violate separation of powers doctrine.
Criminal Law and Procedure Mar. 12, 1999
Turner v. Duncan
Defense counsel in murder case renders ineffective assistance by failing to investigate or real case file.
Criminal Law and Procedure Mar. 12, 1999
People v. Funches
Superior court clerk has duty to reject notice of appeal filed 13 years after judgment.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. McElyea
Burglaries constituting one criminal episode don't justify sentence enhancement under Armed Career Criminal Act.
Criminal Law and Procedure Mar. 12, 1999
People v. Albritton
Child abuse resulting in death is general intent crime, and statute establishing crime is constitutional.
Criminal Law and Procedure Mar. 12, 1999
U.S. v. Robertson
Insurance company may be victim of crime of possession of forged securities of an organization.
Criminal Law and Procedure Mar. 11, 1999
People v. Martinez
Swiss army knife is a deadly weapon.
Criminal Law and Procedure Mar. 11, 1999
People v. Granderson
Trial may proceed in defendant's absence if defendant was present on first day of jury selection.
Criminal Law and Procedure Mar. 11, 1999
People v. Jones
Offenses not committed on the same occasion mandates imposition of consecutive sentences.
Criminal Law and Procedure Mar. 11, 1999
United States v. McNally
Defendant's false statements causing two day delay in locating kidnapped child warrants sentence enhancement.
Criminal Law and Procedure Mar. 11, 1999
People v. Lunsford
When loss can't be ascertained at sentencing, agency administering victim restitution can determine it later.
Criminal Law and Procedure Mar. 11, 1999
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance.
Criminal Law and Procedure Mar. 11, 1999
People v. Roybal
Continuance to wait for expert, who defendant believed would testify DNA test was invalid, is properly denied.
Criminal Law and Procedure Mar. 11, 1999
People v. Martinez
Swiss army knife is a deadly weapon.
Criminal Law and Procedure Mar. 11, 1999
James v. U.S. Parole Commission
Defendant who insists on innocence and isn't credible hasn't accepted responsibility for crimes.
Criminal Law and Procedure Mar. 11, 1999
People v. Davis
Person who, with store's knowledge, receives 'refund' for unpurchased merchandise, commits trespassory larceny.
Criminal Law and Procedure Mar. 11, 1999
U.S. v. Bulacan
Administrative search scheme to detect explosives in federal building doesn't extend to search for drugs.
Criminal Law and Procedure Mar. 11, 1999
People v. Whitworth
Prior felony conviction admissible to impeach even though jury must make factual finding concerning conviction.
Criminal Law and Procedure Mar. 11, 1999
People v. White
Court's failure to grant defendant's new trial motion based on instructional error, doesn't merit reversal of conviction.
Criminal Law and Procedure Mar. 11, 1999
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child.
Criminal Law and Procedure Mar. 11, 1999
U.S. v. Giesse
Order
Criminal Law and Procedure Mar. 11, 1999
Peguero v. United States
Court's failure to advise defendant of 'right to appeal' isn't error if defendant already knew of right and suffered no prejudice by omission.
Criminal Law and Procedure Mar. 11, 1999
Stewart v. LaGrand
Defendant who chooses lethal gas execution over another method waives right to challenge its constitutionally.
Criminal Law and Procedure Mar. 11, 1999
People v. Denison
Attorney's failure to argue that possession of Valium wasn't a crime was ineffective assistance.
Criminal Law and Procedure Mar. 11, 1999
Holloway v. U.S.
Under federal carjacking statute, Government doesn't have to prove unconditional intent to kill to satisfy requisite mens rea.
Criminal Law and Procedure Mar. 11, 1999
Richardson v. United States
Proof of a drug-dealing conspiracy doesn't require proof that a monopoly exists.
Criminal Law and Procedure Mar. 11, 1999