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Name Category Published
People v. Davalos
Restitution can only be ordered for acts that take place within the applicable statute of limitations.
Criminal Law and Procedure Nov. 19, 2001
Dubner v. City of San Francisco
Although identity of arresting officer remains unknown, claim for unlawful arrest based on lack of probable cause will go forward.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Price
Informant's out-of-court statements were admissible because defendant procured witness' unavailability.
Criminal Law and Procedure Nov. 19, 2001
Engberg v. State of Wyoming
Habeas petitioner's claims of error don't warrant federal habeas relief and his ineffective assistance of counsel claims are procedurally barred.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Orso
Confession is admissible even though it was made immediately following statements made without 'Miranda' warning.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Lomow
Among other things, in ordering restitution, court errs in refusing to offset assets and payments made to victim by other parties.
Criminal Law and Procedure Nov. 19, 2001
Martinez v. Klauser
Petition for habeas relief may proceed because of unclear state procedural rule.
Criminal Law and Procedure Nov. 19, 2001
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error.
Criminal Law and Procedure Nov. 18, 2001
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury.
Criminal Law and Procedure Nov. 18, 2001
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence.
Criminal Law and Procedure Nov. 18, 2001
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence.
Criminal Law and Procedure Nov. 18, 2001
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum.
Criminal Law and Procedure Nov. 18, 2001
People v. Lugas
Statutory amendment making issuance of certificate of rehabilitation discretionary, rather than mandatory, isn't ex post facto law.
Criminal Law and Procedure Nov. 15, 2001
State v. Bernal
Charge of homicide by controlled substance dismissed because state failed to show that victim died after ingesting drugs delivered by defendant.
Criminal Law and Procedure Nov. 15, 2001
State v. Osalde
Victim's testimony of psychological abuse adequately supports exceptional sentence for domestic violence involving prolonged pattern of abuse.
Criminal Law and Procedure Nov. 15, 2001
U.S. v. Macias
Order
Criminal Law and Procedure Nov. 15, 2001
Whittier v. Hargett
Order
Criminal Law and Procedure Nov. 14, 2001
Weighall v. Middle
If state's application of federal law on ineffective assistance of counsel isn't clearly erroneous or unreasonable petitioner is not entitled to federal habeas relief.
Criminal Law and Procedure Nov. 14, 2001
U.S. v. Maddux
Order
Criminal Law and Procedure Nov. 14, 2001
People v. Valley
Order
Criminal Law and Procedure Nov. 13, 2001
People v. Rowland
Order
Criminal Law and Procedure Nov. 13, 2001
People v. Rowland
Trial court abuses its discretion when it removes a juror, for allegedly failing to deliberate, without first making an adequate inquiry.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Constantine
Obsessive compulsive disorder did not negate crime of attaching silencer to gun in facilitation of felony.
Criminal Law and Procedure Nov. 13, 2001
Woodward v. Williams
Hearsay statement was admissible excited utterance and did not violate confrontation clause.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Zubia-Melendez
Court correctly denies motion to suppress evidence seized during search of defendant's vehicle when probable cause supported stop and consent was voluntary.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Busekros
Court erred in denying federal benefits in case where defendant assisted government in prosecuting gang leaders.
Criminal Law and Procedure Nov. 13, 2001