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Name Category Published
U.S. v. Staten
Sentence enhancement imposed upon convicted drug offender was improper where court failed to make factual determination required by U.S. Sentencing Guidelines. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Ortuno-Higareda
Although releasee was not given written copy of supervised release conditions, releasee had imputed knowledge of condition that he not commit crime. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Scott
Police may not conduct search based on less than probable cause of individual released while awaiting trial. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Espinoza-Cano
District court did not err in considering police report to determine whether defendant had suffered prior aggravated felony conviction. 		Criminal Law and Procedure Jul. 27, 2006
U.S. v. Diaz-Argueta
In illegal re-entry case, sentence is not proper where court, other than using Sentencing Guidelines, failed to give reason for its sentence. 		Criminal Law and Procedure Jul. 26, 2006
U.S. v. Thomas
Unathorized driver of rental car lacks standing to challenge search where he failed to show he obtained renter's permission to use car. 		Criminal Law and Procedure Jul. 26, 2006
U.S. v. Lo
Conviction was proper where there was sufficient evidence ephedrine maintained its separate identity within plant extract which could be used to make methamphetamine. 		Criminal Law and Procedure Jul. 26, 2006
U.S. v. Lopez-Solis
In illegal entry case, sentencing enhancement was not proper where statute under which defendant was previously convicted was overbroad. 		Criminal Law and Procedure Jul. 26, 2006
U.S. v. Howard
Search of probationer's girlfriend's apartment was unlawful where evidence of his presence there was insufficient to establish probable cause. 		Criminal Law and Procedure Jul. 26, 2006
People v. Saunders
Traffic stop supported by reasonable suspicion of Vehicle Code violations is sufficient to affirm denial of passenger's motion to suppress. 		Criminal Law and Procedure Jul. 26, 2006
U.S. v. District Court (Mikhel)
Victim-witness may be excluded from courtroom upon determination by clear and convincing evidence that his testimony would otherwise be materially altered. 		Criminal Law and Procedure Jul. 14, 2006
U.S. v. Plouffe
Where district court's sentencing approach was reasoned and addressed applicable statutory factors, defendant's sentence is reasonable and will not be disturbed. 		Criminal Law and Procedure Jul. 12, 2006
U.S. v. Brown
Rifle that could be 'readily restored' to shoot automatically was machinegun within meaning of National Firearms Act and subject to forfeiture. 		Criminal Law and Procedure Jul. 11, 2006
Mason v. Yarborough
In case involving confrontation rights issue, court properly denied habeas relief because co-participant's statement to detective did not mention defendant. 		Criminal Law and Procedure Jul. 11, 2006
U.S. v. Marcial-Santiago
Disparity between sentences imposed in District of Montana and in fast-track districts is justified by benefits gained from fast-track programs. 		Criminal Law and Procedure Jul. 11, 2006
Morris v. Ylst
Prosecution's failure to turn over allegedly material exculpatory evidence in murder case was not improper where independent evidence of guilt existed. 		Criminal Law and Procedure Jul. 11, 2006
U.S. v. Brigham
Use of Oregon's sentencing council procedure in fraud case was not prohibited ex parte communication amounting to plain error. 		Criminal Law and Procedure Jul. 10, 2006
People v. Herrera
Rule requiring proof of commission of crime by evidence other than defendant's extrajudicial statements was applicable at preliminary hearing. 		Criminal Law and Procedure Jul. 10, 2006
In re Burns
Parole board's decision to defer prisoner's parole consideration for five years had factual basis and was proper. 		Criminal Law and Procedure Jul. 10, 2006
People v. Le
Sentence enhancement for great bodily injury is proper even though victim only suffered soft tissue and muscular injuries. 		Criminal Law and Procedure Jul. 10, 2006
People v. Hayes
Court committed error when it held probable cause hearing at conclusion of SVP's recommitment trial, but error was harmless. 		Criminal Law and Procedure Jul. 10, 2006
Ritschel v. City of Fountain Valley
Officers' failure to comply with requirements of state's implied consent law did not amount to violation of arrestee's federal constitutional rights. 		Criminal Law and Procedure Jul. 10, 2006
People v. Gayton
Ineffective assistance of counsel found where attorney failed to review defendant's probation file prior to revocation hearing. 		Criminal Law and Procedure Jul. 10, 2006
People v. Thornton
Evidence did not support finding that reliance by defendants on plea agreement justified specific enforcement of plea agreement. 		Criminal Law and Procedure Jul. 10, 2006
People v. Guerra
In death penalty case, victim's statement that she feared defendant was relevant to prove attempted rape special circumstance allegation. 		Criminal Law and Procedure Jul. 10, 2006
People v. Scheller
Statements made to parole office after guilty plea was entered but before it was withdrawn were inadmissible as substantive evidence of guilt. 		Criminal Law and Procedure Jul. 10, 2006
Clark v. Arizona
Due process allows insanity determination based on cognitive capacity and limitation on use of capacity evidence to establish affirmative defense of insanity. 		Criminal Law and Procedure Jul. 7, 2006
U.S. v. Casey
Federal criminal forfeiture statute requires imposition of money judgment even in cases of insolvent defendants. 		Criminal Law and Procedure Jul. 6, 2006
People v. McMahon
Custodial interrogation was properly admitted into evidence because suspect's request for attorney was ambiguous. 		Criminal Law and Procedure Jul. 3, 2006
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