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Name Category Published
Gonzalez v. Crosby
Motion for relief from habeas judgment is not treated as successive petition if it does not claim state conviction error.
Criminal Law and Procedure Jun. 24, 2005
U.S. v. Bradley
Police were entitled to enter private residence without warrant based on concern for child's welfare.
Criminal Law and Procedure Jun. 22, 2005
Coffey v. Superior Court (People)
Defendant convicted of 'wobbler' offense is not entitled to return of DNA samples.
Criminal Law and Procedure Jun. 21, 2005
U.S. v. Bergonzi
Appeal of court's discovery order became moot when intervenor conceded that defendants were entitled to materials.
Criminal Law and Procedure Jun. 20, 2005
U.S. v. Lincoln
Context of defendant's letter did not amount to 'true threat' against President's life.
Criminal Law and Procedure Jun. 20, 2005
People v. Sumahit
Sexually violent predator who refuses interview may not challenge sufficiency of evidence that he currently lacks ability to control his behavior.
Criminal Law and Procedure Jun. 20, 2005
U.S. v. Cortez-Arias
State conviction for shooting at inhabited dwelling is 'crime of violence' under federal sentencing law.
Criminal Law and Procedure Jun. 20, 2005
U.S. v. Zone
Double jeopardy challenge to successive state and federal prosecutions fails for lack of evidence.
Criminal Law and Procedure Jun. 20, 2005
People v. Potter
Warrantless administrative search under Vehicle Code Section 2805 does not have 'open to public' requirement.
Criminal Law and Procedure Jun. 20, 2005
In re Wright
That evaluator who did not hold doctoral degree in psychology was not qualified to perform secondary evaluation does not invalidate jury verdict.
Criminal Law and Procedure Jun. 20, 2005
U.S. v. Cayman
Court need not suppress evidence found on hard drive of computer that defendant obtained by fraud.
Criminal Law and Procedure Jun. 20, 2005
People v. Frazier
Jury instruction accurately stated defendant's burden to raise reasonable doubt that marijuana possession was unlawful.
Criminal Law and Procedure Jun. 20, 2005
Boyde v. Brown
Murderer failed to prove co-conspirator entered into secret plea agreement to incriminate him.
Criminal Law and Procedure Jun. 20, 2005
People v. Burns
Defendant facing commitment as sexually violent predator was not entitled to attorney's presence at psychological interviews.
Criminal Law and Procedure Jun. 20, 2005
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth.
Criminal Law and Procedure Jun. 20, 2005
People v. Chan
Defendant who made two digit error in reporting his address is guilty of failing to register as a sex offender.
Criminal Law and Procedure Jun. 20, 2005
Rompilla v. Beard
Defense counsel must review information that prosecution will use to show aggravation, even when defendant suggests that no mitigating evidence exists.
Criminal Law and Procedure Jun. 20, 2005
People v. Wheeler
Forgery of prescription drugs is not crime recognized under Proposition 36.
Criminal Law and Procedure Jun. 20, 2005
People v. Cajina
Prosecutor was entitled to refer to defendant as 'sex offender' in trial for failing to register as sex offender.
Criminal Law and Procedure Jun. 20, 2005
People v. Mitchell
Petition to extend defendant's involuntary commitment that was filed after deadline and without justification need not be dismissed automatically.
Criminal Law and Procedure Jun. 20, 2005
People v. Saffold
Proof of service of temporary restraining order is not testimonial statement.
Criminal Law and Procedure Jun. 20, 2005
People v. Martin
Treatment for mental disorder administered at county jail before conviction qualifies for mentally disordered offender status.
Criminal Law and Procedure Jun. 20, 2005
People v. Martinez
Court that accepts defendant's plea bargain need not be same court that holds probation violation hearing.
Criminal Law and Procedure Jun. 20, 2005
McNeil v. Middleton
Habeas relief cannot be granted when jury instructional errors regarding reasonableness were non-prejudicial.
Criminal Law and Procedure Jun. 20, 2005
People v. Benitez
Determination that defendant is not qualified for probation need not be made by jury.
Criminal Law and Procedure Jun. 20, 2005
Oloth Insyxiengmay v. Morgan
District court will reconsider habeas claims that were deemed procedurally barred.
Criminal Law and Procedure Jun. 20, 2005
U.S. v. Combs
'Knock and announce' rule does not require an actual knock as long as police acted reasonably under totality of circumstances.
Criminal Law and Procedure Jun. 20, 2005
Moreno v. Baca
Because parolee is not stripped of all Fourth Amendment protection, denial of officers' qualified immunity claims was proper.
Criminal Law and Procedure Jun. 19, 2005
U.S. v. Lopez-Armenta
Defendant waived right to appeal pretrial constitutional defects when he entered unconditional guilty plea.
Criminal Law and Procedure Jun. 19, 2005
Turney v. Pugh
Alaska's jury tampering statute is not overbroad under First Amendment.
Criminal Law and Procedure Jun. 19, 2005