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Name Category Published
U.S. v. Mett
ERISA trustee has right to invoke attorney-client privilege in criminal prosecution for embezzlement of pension funds. 		Criminal Law and Procedure Jun. 14, 2000
U.S. v. Du Bo
Indictment for violation of the Hobbs Act must specify the necessary criminal intent required. 		Criminal Law and Procedure Jun. 14, 2000
U.S. v. Monzon-Valenzuela
Sentence enhancement for obstruction of justice can't be based on contradiction between guilty verdict and defendant's trial testimony cited in presentence report. 		Criminal Law and Procedure Jun. 14, 2000
U.S. v. Perreault
Each act of downloading child pornography from the Internet is a separate crime for sentencing purposes. 		Criminal Law and Procedure Jun. 14, 2000
People v. Harris
5-year sentence enhancement is inappropriate where defendant doesn't admit and court never inquires whether defendant suffered a prior felony conviction. 		Criminal Law and Procedure Jun. 14, 2000
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. 		Criminal Law and Procedure Jun. 14, 2000
Fetterly v. Paskett
Extensive pretrial publicity discussing factual aspects of charges doesn't require change of venue in capital case. 		Criminal Law and Procedure Jun. 14, 2000
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. 		Criminal Law and Procedure Jun. 14, 2000
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. 		Criminal Law and Procedure Jun. 14, 2000
U.S. v. Scrivner
Use of affidavit from civil forfeiture proceeding violates right against self-incrimination when used in criminal case. 		Criminal Law and Procedure Jun. 14, 2000
U.S. v. Velez
Enhancement may not be imposed for abuse of position of trust if it is already included in the base offense level. 		Criminal Law and Procedure Jun. 14, 2000
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. 		Criminal Law and Procedure Jun. 13, 2000
U.S. v. Timbana
Plea colloquy with a defendant with low intelligence and physical impairment, is proper when defendant confirms prosecutor's evidence. 		Criminal Law and Procedure Jun. 13, 2000
U.S. v. Castillo-Casiano
Failure to consider whether nature of defendant's underlying conviction warrants a downward departure constitutes judicial error. 		Criminal Law and Procedure Jun. 12, 2000
U.S. v. Castillo-Casiano
Failure to consider whether nature of defendant's underlying conviction warrants a downward departure constitutes judicial error. 		Criminal Law and Procedure Jun. 12, 2000
Wallace v. Stewart
Failure to develop evidence during sentencing is ineffective assistance of counsel because mitigation evidence might be key in avoiding death penalty. 		Criminal Law and Procedure Jun. 12, 2000
U.S. v. Pino-Noriega
Defendant waives right to testify when he waits until after jury verdict to inform court of his desire to testify. 		Criminal Law and Procedure Jun. 12, 2000
Stubbs v. Gomez
Prosecutor doesn't use peremptory challenges discriminatorily, where they were used to excuse 3 black jurors after excusing the 5 others for cause. 		Criminal Law and Procedure Jun. 12, 2000
U.S. Postal Service v. Amada
Service which pools lottery tickets isn't lottery when there is no offer of prize by chance in exchange for consideration. 		Criminal Law and Procedure Jun. 9, 2000
Resnick v. Hayes
Prisoner's constitutional rights are not violated by continued confinement in administrative segregation pending hearing on disciplinary charge that is not sustained. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Whitehead
Although court erred in admitting evidence of defendant's post-arrest and pre-Miranda silence, other evidence of overwhelming guilt is sufficient to convict. 		Criminal Law and Procedure Jun. 9, 2000
Page v. Torrey
Detainee subject to civil commitment under Sexually Violent Predators Act isn't subject to financial reporting and exhaustion requirements of Prison Litigation Reform Act. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Dixon
Jury instruction that illegal alien smuggler's flight could be interpreted as consciousness of guilt is valid. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Sandoval
Camper has reasonable expectation of privacy in tent on public land even though camper didn't have permission to camp on land. 		Criminal Law and Procedure Jun. 9, 2000
Ashmus v. Woodford
Expedited habeas corpus procedure under Antiterrorism and Death Penalty Act requires state system for appointment, compensation and qualification of death penalty counsel. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Van Loben Sels
Sentence enhancement for repetitive contamination of environment is not precluded when contaminated wastewater is rendered not toxic. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Daas
Sale of over-the-counter medication mixed with listed chemicals, which is prohibited by federal statute, warrants conviction. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Bahe
Court has authority to confine defendant to halfway house as condition of supervised release, even if not expressly provided for by federal sentencing statute. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Tank
Chat room log printouts concerning internet child pornography scheme is admissible when government can establish authenticity of printouts and connection to defendant. 		Criminal Law and Procedure Jun. 9, 2000
U.S. v. Waites
Assimilative Crimes Act does not permit application of Oregon criminal trespass statute to conduct committed within U.S. post office. 		Criminal Law and Procedure Jun. 9, 2000
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