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Name Category Published
Justin S., a Minor
Condition of juvenile's probation, which ordered blanket prohibition on association with gang members, is unconstitutionally overbroad. 		Criminal Law and Procedure Dec. 17, 2001
U.S. v. Mitchell
Applications for wiretaps met the 'necessity requirement' and appellants did not prove denials of motions to suppress were clearly erroneous. 		Criminal Law and Procedure Dec. 17, 2001
U.S. v. Gonzalez-Torres
Alien's convictions for illegally entering United States must be reversed because he did not enter free from official restraint. 		Criminal Law and Procedure Dec. 16, 2001
U.S. v. Hernandez-Herrera
Where alien is not under constant surveillance upon crossing U.S. border, there is no official restraint and there is illegal entry. 		Criminal Law and Procedure Dec. 16, 2001
U.S. v. Blackmon
Application for wiretap fails to survive challenge of specificity due to material misstatements and omissions. 		Criminal Law and Procedure Dec. 16, 2001
Huizar v. Carey
Habeas petition submitted to prison authorities for mailing is timely even though court never received it. 		Criminal Law and Procedure Dec. 14, 2001
US v. DeLuca
To suppress evidence, passenger of illegally detained vehicle must show factual nexus between illegality and challenged evidence. 		Criminal Law and Procedure Dec. 13, 2001
James v. Pliler
District court must advise defendant of right to amend habeas petition to delete claims that have not been exhausted in state court. 		Criminal Law and Procedure Dec. 13, 2001
Toles v. Gibson
Court rejects constitutional challenges, where defendant receives two death sentences for murder of father and son. 		Criminal Law and Procedure Dec. 13, 2001
U.S. v. Urcino-Sotello
Court has discretion to impose consecutive or concurrent sentences in cases of supervised release violations. 		Criminal Law and Procedure Dec. 13, 2001
U.S. v. Bushyhead
FBI agent shouldn't have been allowed to testify as to what defendant said when he invoked his right to silence. 		Criminal Law and Procedure Dec. 13, 2001
U.S. v. Walters
Criminal defendant was entitled to ruling on motion for reduced sentence due to victim's conduct. 		Criminal Law and Procedure Dec. 13, 2001
Mayfield v. Woodford
Ineffective assistance of counsel at penalty phase of capital case may have affected jury's decision and warrants new sentencing proceeding. 		Criminal Law and Procedure Dec. 13, 2001
Herreweghe v. State of Arizona
Felony DUI defendant's constitutional and statutory right to a reasonable opportunity to gather exculpatory evanescent evidence doesn't require his immediate release on bail. 		Criminal Law and Procedure Dec. 12, 2001
State v. Cuble
Conviction for firearms possession reversed because of defective jury instructions. 		Criminal Law and Procedure Dec. 11, 2001
U.S. v. Highsmith
Sentence enhancement for possession of weapon was not justified where evidence was insufficient to prove defendant's knowledge of its presence. 		Criminal Law and Procedure Dec. 11, 2001
Gunderson v. Hood
Bureau of Prisons Program statement may be applied to deny early release to prisoner who participates in drug rehabilitation program. 		Criminal Law and Procedure Dec. 11, 2001
State v. Fisher
Issuance of bench warrant for defendant who violated condition of release does not require showing of probable cause. 		Criminal Law and Procedure Dec. 11, 2001
People v. Lawrence
Statements made to wildlife officers during non-custodial interview admissible in trial on wildlife destruction charges. 		Criminal Law and Procedure Dec. 10, 2001
Thomas v. Hubbard
Several serious trial errors violated defendant's right to due process. 		Criminal Law and Procedure Dec. 10, 2001
People v. Wiley
Trial court did not err in admitting evidence where defendant consented to search. 		Criminal Law and Procedure Dec. 10, 2001
U.S. v. Knights
Warrantless search supported by reasonable suspicion and permitted by probation condition does not violate Fourth Amendment. 		Criminal Law and Procedure Dec. 10, 2001
U.S. v. Knights
Probation searches must be conducted for probation purposes only, not as part of separate criminal investigation. 		Criminal Law and Procedure Dec. 10, 2001
People v. Fennell
Right to speedy trial not violated where defendant was not convicted after a trial. 		Criminal Law and Procedure Dec. 10, 2001
In re Phelps
Law prohibiting fraud against homeowner facing foreclosure does not apply when owner does not reside in home. 		Criminal Law and Procedure Dec. 10, 2001
People v. Fox
Because defendant's prior Oregon conviction is a lewd and lascivious act regardless of intent, it constitutes a strike under California law. 		Criminal Law and Procedure Dec. 10, 2001
Wooten v. Superior Court (People)
Pimping and pandering charges are set aside where there was no prostitution, which requires bodily contact between prostitute and customer. 		Criminal Law and Procedure Dec. 10, 2001
People v. Renteria
When alternate juror is seated after deliberations have begun, court must instruct jury to begin deliberations anew. 		Criminal Law and Procedure Dec. 10, 2001
In re DeLong
Defendant found guilty but sentenced after drug probation initiative's effective date is convicted after effective date, and comes within ambit of proposition. 		Criminal Law and Procedure Dec. 10, 2001
People v. Rugamas
Court ordered restitution, imposed for reformation and rehabilitation, is authorized by statute. 		Criminal Law and Procedure Dec. 10, 2001
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