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Name Category Published
Wixom v. State
Habeas petition is properly denied as untimely where prisoner did not file appeal until more than year after conclusion of direct review. 		Criminal Law and Procedure Nov. 29, 2001
U.S. v. Bishop
Evidence admitted from illegal vehicle stop was not harmless error because it was principal basis for drug conspiracy conviction. 		Criminal Law and Procedure Nov. 29, 2001
Welch v. Newland
Because prisoner's state habeas petition was pending, statute of limitations was tolled for filing of federal habeas petition. 		Criminal Law and Procedure Nov. 29, 2001
Spears v. Stewart
Arizona's system for appointing counsel for indigent capital defendants in state post-conviction proceedings meets requirements for special habeas corpus procedures. 		Criminal Law and Procedure Nov. 29, 2001
People v. Briscoe
Defendant's challenges to jury instructions and conviction of special circumstances murder under provocative act murder doctrine are without merit. 		Criminal Law and Procedure Nov. 29, 2001
Summerlin v. Stewart
Habeas petitioner is entitled to evidentiary hearing on mental competency of trial judge, who allegedly used marijuana during trial and sentencing. 		Criminal Law and Procedure Nov. 29, 2001
In re Robbie
Trial court abuses discretion in admitting expert testimony constituting improper profile evidence. 		Criminal Law and Procedure Nov. 29, 2001
Phillips v. Woodford
Defendant sentenced to death is entitled to new hearing because prosecutor may have presented false testimony during trial. 		Criminal Law and Procedure Nov. 29, 2001
People v. Belmudes
Attempted robbery conviction is not violent offense eligible for gang enhancement. 		Criminal Law and Procedure Nov. 29, 2001
Tran v. Superior Court (People)
Court abuses discretion by denying ancillary funding on ground that defendant's counsel had adequate funds from fee agreement to pay for those services. 		Criminal Law and Procedure Nov. 29, 2001
State v. Boyd
Native American defendants who committed crimes within reservation boundaries are subject to state court jurisdiction. 		Criminal Law and Procedure Nov. 28, 2001
People v. Lujan
Inadequate 'Miranda' warning was harmless error because defendant voluntarily confessed and testified at trial; voluntary manslaughter instruction was not warranted. 		Criminal Law and Procedure Nov. 28, 2001
People v. Garrett
Prior convictions for second-degree residential burglaries are still 'strikes' after passage of Proposition 21. 		Criminal Law and Procedure Nov. 28, 2001
People v. Gutierrez
Court exceeds jurisdiction in allowing prosecution to file late, amended information alleging robbery conviction as prior strike and five-year enhancement. 		Criminal Law and Procedure Nov. 28, 2001
People v. Cruz
Court's failure to properly administer juror oath does not require automatic reversal, and defendant failed to demonstrate prejudice. 		Criminal Law and Procedure Nov. 28, 2001
People v. Barro
Dismissal of prior conviction under Penal Code Section 1385 precludes use of that conviction as 'strike.' 		Criminal Law and Procedure Nov. 28, 2001
People v. Shadden
Defendant who moved victim nine feet to back room of video store is guilty of kidnapping to commit rape. 		Criminal Law and Procedure Nov. 28, 2001
People v. Winters
Defendant's prior conviction for assault not involving deadly weapon or instrument does not qualify as serious felony under Three Strikes Law. 		Criminal Law and Procedure Nov. 28, 2001
People v. Raviart
Although defendant pointed gun at only one officer, conviction for attempted assault on both officers is proper. 		Criminal Law and Procedure Nov. 28, 2001
People v. Taylor
Mandatory 10-year sentence enhancement for using weapon during attempted robbery is not unconstitutional. 		Criminal Law and Procedure Nov. 28, 2001
People v. Kipp
Court affirms death penalty where defendant was convicted of rape and murder of college coed. 		Criminal Law and Procedure Nov. 28, 2001
People v. Valentine
Threatened 'hardship' is not form of 'duress' for crimes of forcible oral copulation and forcible penetration by foreign object. 		Criminal Law and Procedure Nov. 27, 2001
State v. Spotted Elk
Admission of defendant's statements before Miranda warning was not harmless error. 		Criminal Law and Procedure Nov. 26, 2001
State v. Wheeler
Prior convictions of persistent offenders need not be charged in information, submitted to jury or proved beyond reasonable doubt. 		Criminal Law and Procedure Nov. 26, 2001
People v. Woodson
Provision extending waiting period before petitioner can apply for certificate of rehabilitation doesn't constitute punishment for purposes of ex post facto doctrine. 		Criminal Law and Procedure Nov. 21, 2001
In re Adam P.
Golf cart is a means of transportation in juvenile theft case. 		Criminal Law and Procedure Nov. 21, 2001
State v. Fields (Medina)
'Frye' hearing is not required to determine admissibility of expert testimony based on actuarial data regarding recidivism of sexually violent predators. 		Criminal Law and Procedure Nov. 21, 2001
People v. Lugas
Order 		Criminal Law and Procedure Nov. 21, 2001
People v. Woodson
Denying defendant's petition for certificate of rehabilitation under amended statute violates ex post facto prohibitions. 		Criminal Law and Procedure Nov. 21, 2001
People v. McGraw
Defendant is entitled to hearing on amount of restitution recommended by prosecution. 		Criminal Law and Procedure Nov. 20, 2001
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