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Name Category Published
U.S. v. Elias
With the exception of payment of restitution, defendant's conviction and sentence for Resource Conservation and Recovery Act is upheld.
Criminal Law and Procedure Oct. 28, 2001
U.S. v. Velarde-Gomez
District court erred in admitting government's evidence of defendant's lack of physical or emotional reaction, which was tantamount to evidence of silence.
Criminal Law and Procedure Oct. 28, 2001
State v. Thompson
Statute that defines "pre-meditation" for first-degree murder is unconstitutionally vague.
Criminal Law and Procedure Oct. 25, 2001
People v. Simon
Failure to object to venue at preliminary hearing is a waiver because it's a factual issue for a magistrate.
Criminal Law and Procedure Oct. 24, 2001
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective.
Criminal Law and Procedure Oct. 24, 2001
People v. Jones
Sex crimes against same victim, where parties change positions but not locations, constitute 'separate occasion' under one-strike law.
Criminal Law and Procedure Oct. 24, 2001
People v. Slayton
Car theft and burglary are closely related crimes which require that counsel for car theft charge be present before defendant is questioned on burglary charge.
Criminal Law and Procedure Oct. 23, 2001
People v. Sanchez
Order
Criminal Law and Procedure Oct. 23, 2001
People v. Jones
Review granted
Criminal Law and Procedure Oct. 23, 2001
People v. McCoy
Imperfect self-defense theory requires objective rather than subjective standard.
Criminal Law and Procedure Oct. 23, 2001
People v. Hightower
Trial court may conduct reasonable investigation into claim of jury misconduct even if inquiry involves disclosure of statement made during deliberations.
Criminal Law and Procedure Oct. 22, 2001
People v. Hightower
Order
Criminal Law and Procedure Oct. 22, 2001
In re Du
Order
Criminal Law and Procedure Oct. 22, 2001
People v. Metters
Dismissal of sole holdout juror for not guilty verdict does not violate defendant's fair trial rights.
Criminal Law and Procedure Oct. 22, 2001
In re Cox
In involuntary manslaughter, when underlying misdemeanor is committed with criminal intent, dangerousness of act is irrelevant.
Criminal Law and Procedure Oct. 22, 2001
People v. Hinger
Order
Criminal Law and Procedure Oct. 22, 2001
People v. Slayton
Order
Criminal Law and Procedure Oct. 22, 2001
People v. Jensen
Hearsay statements admissible in murder trial where there was sufficient evidence of reliability.
Criminal Law and Procedure Oct. 22, 2001
U.S. v. Combs
Defendants' various challenges to conviction and sentence are without merit.
Criminal Law and Procedure Oct. 21, 2001
Sistrunk v. Armenakis
Habeus petition of convicted child rapist fails to withstand 'Schlup gateway' challenge.
Criminal Law and Procedure Oct. 21, 2001
City of Kent v. Beigh
Court correctly suppressed results of blood alcohol test where breath analysis failed because machine indicated 'interference detected.'
Criminal Law and Procedure Oct. 21, 2001
U.S. v. Lahue
Medicare Antikickback Act prohibts exchanging Medicare or Meidcaid referrals for purpose of knowingly and willfully obtaining payment.
Criminal Law and Procedure Oct. 19, 2001
People v. Wirsching
Where defendant is not informed as to mandatory period of parole, he must be allowed to withdraw his guilty plea.
Criminal Law and Procedure Oct. 19, 2001
Dike v. People
County court retains jurisdiction to reconsider order of dismissal of criminal case until time of filing appeal expires.
Criminal Law and Procedure Oct. 19, 2001
Dawson v. People
At providency hearing, trial court must advise defendant of possible sentence and parole, even when there is plea agreement with stipulated sentence.
Criminal Law and Procedure Oct. 19, 2001
Young v. People
At providency hearing, trial court must advise defendant of possible sentence and mandatory parole.
Criminal Law and Procedure Oct. 19, 2001
In re Bauer
Attorney in criminal contempt proceeding possesses a Sixth Amendment right to be present at hearing on charges.
Criminal Law and Procedure Oct. 19, 2001
Wildman v. Johnson
Habeas petition was properly dismissed because district court reasonably applied clearly established federal law.
Criminal Law and Procedure Oct. 19, 2001
Humphreys v. Gibson
Defense attorney's failure to present psychiatric evidence at sentencing did not prejudice defendant sentenced to death.
Criminal Law and Procedure Oct. 19, 2001
U.S. v. Garfinkle
Issues appellant reserved for review lacked merit, thus he didn't show that his counsel was ineffective for failing to raise these arguments.
Criminal Law and Procedure Oct. 19, 2001