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Name Category Published
Smith v. Mahoney
Convicted murderer sentenced to death cannot claim ineffective assistance of counsel where he admitted that he killed victims absent impairment.
Criminal Law and Procedure Mar. 7, 2010
People v. Nitschmann
Defendant is not entitled to withdraw negotiated plea where he forfeited his right to make mitigating statement before favorable sentence was announced.
Criminal Law and Procedure Mar. 4, 2010
People v. Bankers Insurance Co.
Bail bond must be exonerated where bond was not declared forfeited in open court as statutorily required.
Criminal Law and Procedure Mar. 3, 2010
People v. Treadway
Prosecutor’s plea agreement forbidding co-defendant from testifying at defendant’s trial violated defendant’s right to present defense.
Criminal Law and Procedure Mar. 2, 2010
Johnson v. U.S.
Simple battery lacks element of ‘use of physical force’ with which to enhance defendant’s sentence under Armed Career Criminal Act.
Criminal Law and Procedure Mar. 2, 2010
People v. Carter
Court’s failure to use specifically mandated instruction to jury does not make conviction reversible per se.
Criminal Law and Procedure Mar. 1, 2010
People v. McPike
Defendant may not be convicted of both stealing and receiving the same property where property is not differentiated as to either charge.
Criminal Law and Procedure Mar. 1, 2010
People v. Mills
Trial court properly declines to instruct prospective jurors regarding their civic duty to serve as jurors in death penalty case.
Criminal Law and Procedure Mar. 1, 2010
U.S. v. Reyes-Bosque
Warrantless search is justified by exigent circumstance where agents were informed that illegal aliens were being held inside house.
Criminal Law and Procedure Mar. 1, 2010
People v. Rodriguez
Penal Code amendment granting more favorable presentence good conduct credit is not retroactively applicable.
Criminal Law and Procedure Mar. 1, 2010
U.S. v. Bright
Fifth Amendment privilege against self-incrimination does not apply to production of documents where existence and location of papers are foregone conclusion.
Criminal Law and Procedure Feb. 28, 2010
People v. Cissna
Juror’s daily discussions with friend about case was misconduct that created juror bias detrimental to defendant and basis for new trial.
Criminal Law and Procedure Feb. 28, 2010
People v. Taravella
Person convicted of oral copulation with minor need not register as sex offender because he is similarly situated to other non-registering convicts.
Criminal Law and Procedure Feb. 25, 2010
U.S. v. Garrido
Court has authority to consider sentence reduction for acceptance of responsibility after defendant failed to plead guilty to all charges.
Criminal Law and Procedure Feb. 25, 2010
People v. Perez
Statute of limitations is inapplicable when alternative sentencing scheme makes sexual offense punishable by death or imprisonment in state prison for life.
Criminal Law and Procedure Feb. 25, 2010
Doody v. Schriro
Nearly 13-hour interrogation of sleep deprived juvenile by tag team of detectives renders confession involuntary.
Criminal Law and Procedure Feb. 25, 2010
Maryland v. Shatzer
14-day break in custody is adequate time period to remove presumption of police coercion in interrogation of prisoner.
Criminal Law and Procedure Feb. 24, 2010
U.S. v. Jennen
Search warrant based on informant's tip that included range of details rising above mere observed facts and conditions is valid and reliable.
Criminal Law and Procedure Feb. 24, 2010
People v. Benitez
Defendant is denied right to confrontation where court allowed crime laboratory supervisor to testify using another's analysis of suspected illegal substance.
Criminal Law and Procedure Feb. 24, 2010
Robinson v. Schriro
By presenting both factual and legal grounds for claim to state court, petitioner is not barred from review in federal court.
Criminal Law and Procedure Feb. 23, 2010
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement.
Criminal Law and Procedure Feb. 23, 2010
Florida v. Powell
'Miranda' rights read to defendant adequately inform him of his right to attorney prior to, and at all times throughout interrogation.
Criminal Law and Procedure Feb. 23, 2010
Thaler v. Haynes
In ruling on objection to peremptory challenge under 'Batson,' judge must not necessarily reject demeanor-based explanation if he did not personally observe juror.
Criminal Law and Procedure Feb. 22, 2010
Harrison v. Gillespie
No manifest necessity to declare mistrial exists where court refused to poll jury to determine whether defendant had been acquitted of death penalty.
Criminal Law and Procedure Feb. 22, 2010
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement.
Criminal Law and Procedure Feb. 22, 2010
People v. Hernandez
When considered together, jury instructions for principle crime, and aiding and abetting do not require repetition of aider’s mental state requirement.
Criminal Law and Procedure Feb. 21, 2010
Christian v. Frank
District court errs by granting defendant’s habeas petition when Hawaii Supreme Court reasonably applied clearly established federal law.
Criminal Law and Procedure Feb. 21, 2010
Burton v. Superior Court (People)
Defendant convicted and sentenced for murder can request discovery materials from trial court without attorney representation.
Criminal Law and Procedure Feb. 21, 2010
U.S. v. Guerrero
Defendant does not establish prima facie case for discrimination in prosecutor’s peremptory strike where prosecutor did not recognize juror as minority.
Criminal Law and Procedure Feb. 18, 2010
U.S. v. Edwards
District Court's sentence is reasonable based on totality of circumstances despite being outside of advisory Sentencing Guidelines range.
Criminal Law and Procedure Feb. 17, 2010