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Name Category Published
U.S. v. Simpson
Defendant's prior conviction of attempted sexual abuse of minor is not violent felony and hence defendant is not prohibited firearm possessor.
Criminal Law and Procedure Jun. 30, 2006
People v. Vo
Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement.
Criminal Law and Procedure Jun. 29, 2006
Kansas v. Marsh
Kansas law which directs imposition of death penalty when aggravating and mitigating circumstances are in equipoise is constitutional.
Criminal Law and Procedure Jun. 29, 2006
Washington v. Recuenco
Sentencing factors must be proved to jury beyond reasonable doubt, however failure to do so can be harmless error.
Criminal Law and Procedure Jun. 29, 2006
U.S. v. Gonzalez-Lopez
Criminal defendant is entitled to reversal of conviction where trial court erroneously deprived him of choice of counsel.
Criminal Law and Procedure Jun. 29, 2006
Clark v. Brown
Court's failure to give felony-murder special circumstance jury instruction violated offender's due process right to present defense.
Criminal Law and Procedure Jun. 29, 2006
Dixon v. U.S.
Conviction for receiving firearm while under indictment is proper where defendant's duress defense does not controvert elements of crime.
Criminal Law and Procedure Jun. 28, 2006
Davis v. Grigas
Offender may be entitled to habeas relief where court based decision on erroneous understanding that he stipulated to sentence he received.
Criminal Law and Procedure Jun. 27, 2006
U.S. v. Kim
In case of pharmacist convicted of selling cold remedies containing pseudoephedrine, his vagueness challenge against 21 U.S.C. Section 841(c)(2) is rejected.
Criminal Law and Procedure Jun. 27, 2006
U.S. v. Zavala
Defendant's sentence is not proper where court erred in giving Sentencing Guidelines calculation exaggerated weight, and error was not harmless.
Criminal Law and Procedure Jun. 27, 2006
U.S. v. Chen
'Miranda' warning was required where questioning of suspect arrested for misdemeanor was done to procure testimony against third-party suspected smuggler.
Criminal Law and Procedure Jun. 26, 2006
Jensen v. Pliler
Confrontation Clause did not bar admission of hearsay statements by deceased declarant made to his attorney.
Criminal Law and Procedure Jun. 26, 2006
U.S. v. Williamson
Suppression of evidence is not required where FBI agent's failure to follow proper procedure was not in bad faith.
Criminal Law and Procedure Jun. 26, 2006
Samson v. California
Parolee's conviction for possession of methamphetamine is proper where Fourth Amendment does not prohibit suspicionless search of parolee.
Criminal Law and Procedure Jun. 22, 2006
Davis v. Washington
Statements made to 911 operator are not 'testimonial' for purposes of Confrontation Clause.
Criminal Law and Procedure Jun. 22, 2006
Youngblood v. West Virginia
Convicted petitioner, who moved to set aside verdict based on new and exculpatory evidence, presented federal constitutional 'Brady' claim
Criminal Law and Procedure Jun. 22, 2006
Davis v. Woodford
Where state agreed to treat eight robberies as one conviction, later counting that conviction as eight strikes violates terms of plea agreement.
Criminal Law and Procedure Jun. 20, 2006
People v. Warner
Minor's statement about molestation made to child protective services interviewer is testimonial, but admissible because minor testified about acts revealed in interview.
Criminal Law and Procedure Jun. 20, 2006
People v. Thompson
Warrantless entry into residence to identify suspect for possible citizen's arrest violates Fourth Amendment.
Criminal Law and Procedure Jun. 20, 2006
People v. Corpuz
Defendant's conviction for violating 'stay away' order was not supported by facts.
Criminal Law and Procedure Jun. 20, 2006
U.S. v. Gourde
Judge who issued search warrant made common-sense decision that there was fair probability that child pornography would be found on defendant's computer.
Criminal Law and Procedure Jun. 20, 2006
U.S. v. Ogles
Double Jeopardy Clause bars appeal of defendant's acquittal at conclusion of government's case despite court's order resting in part upon legal conclusion.
Criminal Law and Procedure Jun. 20, 2006
U.S. v. Griffin
Marital communications privilege does not prevent release to prosecution of redacted letters written by inmate to his wife.
Criminal Law and Procedure Jun. 20, 2006
U.S. v. Aukai
Prospective commercial airline passenger impliedly consented to secondary search at airport by walking through metal detector.
Criminal Law and Procedure Jun. 20, 2006
People v. Dominguez
Incomplete jury instructions require reversal of defendant's conviction for felony murder.
Criminal Law and Procedure Jun. 19, 2006
People v. Cottle
Court improperly denied defendant's request to reopen jury selection in order to exercise peremptory challenge.
Criminal Law and Procedure Jun. 19, 2006
People v. Standish
Dismissal of charges was proper where court failed to grant defendant statutorily-mandated release on his own recognizance.
Criminal Law and Procedure Jun. 19, 2006
House v. Bell
Capital defendant's federal habeas action may proceed where he casts doubt on guilt sufficient to satisfy 'actual-innocence' exception.
Criminal Law and Procedure Jun. 16, 2006
Hill v. McDonough
Prisoner's constitutional challenge to state lethal injection procedure may proceed as action for relief under 42 U.S.C. Section 1983.
Criminal Law and Procedure Jun. 16, 2006
Hudson v. Michigan
Violation of knock-and-announce rule does not require suppression of all evidence found during search.
Criminal Law and Procedure Jun. 16, 2006