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Name Category Published
People v. American Contractors Indemnity Co.
Exoneration of bail bond is proper where clerk fails to comply with statutorily imposed notice provisions.
Criminal Law and Procedure Oct. 9, 2001
People v. Williams
Mental state for assault requires knowledge that defendant's act by its nature will probably and directly result in injuring another.
Criminal Law and Procedure Oct. 9, 2001
People v. Cervantes
Evidence of proximate cause was insufficient to support gang member's conviction for provocative act murder.
Criminal Law and Procedure Oct. 9, 2001
U.S. v. Luppi
Order
Criminal Law and Procedure Oct. 8, 2001
People v. Weaver
Death sentence is affirmed against defendant who murdered two people and committed rape because voices told him to commit crimes.
Criminal Law and Procedure Oct. 8, 2001
U.S. v. Bailey
Court retains jurisdiction over individual in violation of supervised release when hearing held within reasonable time after relapse term has expired.
Criminal Law and Procedure Oct. 8, 2001
U.S. v. Monroe
Court didn't err in applying criminal sexual abuse guideline in case where minor was abducted.
Criminal Law and Procedure Oct. 8, 2001
State v. Sepulveda
'Apprendi' does not apply retroactively to post-conviction proceedings in cases that have become final.
Criminal Law and Procedure Oct. 8, 2001
State v. Sierra-Cervantes
Although self-defense jury instruction was incorrect, it did not confuse or mislead jury and caused no fundamental error requiring reversal.
Criminal Law and Procedure Oct. 8, 2001
Moore v. Hargett
Order
Criminal Law and Procedure Oct. 7, 2001
Ortega v. Williams
Order
Criminal Law and Procedure Oct. 7, 2001
United States v. Jimenez
Defendant's sentence of 70 months in prison for illegal re-entry was not erroneous where defendant had committed prior aggravated felony.
Criminal Law and Procedure Oct. 7, 2001
U.S. v. Vasquez-Castillo
Port of entry safety inspector was within permissible scope of warrantless search when he searched hidden compartment in truck.
Criminal Law and Procedure Oct. 7, 2001
U.S. v. Alvarez-Pineda
District court abuses discretion in granting downward departure in defendant's sentence without sufficient basis in law or fact.
Criminal Law and Procedure Oct. 7, 2001
U.S. v. Recio
Court finds insufficient evidence of guilt of pre-seizure conspiracy where defendants' conduct reveals general guilt of post-seizure pick-up of contraband.
Criminal Law and Procedure Oct. 5, 2001
U.S. v. Castro-Hernandez
Use of child as decoy while smuggling drugs justifies upward adjustment under federal sentencing guidelines.
Criminal Law and Procedure Oct. 5, 2001
U.S. v. Lopez
Defendant isn't entitled to notice prior to sentencing that participation in mental health program would be condition of supervised release.
Criminal Law and Procedure Oct. 5, 2001
U.S. v. Taylor
Defendant is not guilty of disorderly conduct where incident in question was not public.
Criminal Law and Procedure Oct. 5, 2001
Garvin v. Farmon
Violation of defendant's rights in primary interrogation will not suppress subsequent valid confession.
Criminal Law and Procedure Oct. 4, 2001
U.S. v. Berry
Defendant's sentence was properly increased for being leader of enterprise to steal mail.
Criminal Law and Procedure Oct. 4, 2001
U.S. v. Basalo
Court improperly departed downward eight levels from applicable sentencing guideline where no evidence existed that alleged government misconduct effected outcome of proceedings.
Criminal Law and Procedure Oct. 4, 2001
U.S. v. Laskie
Conviction for being felon in possession of firearm is vacated where underlying conviction was 'set aside' by 'honorable discharge.'
Criminal Law and Procedure Oct. 4, 2001
Frye v. Hickman
In non-capital case, prisoner is not entitled to counsel on habeas petition, and equitable tolling is not required where attorney missed filing deadline.
Criminal Law and Procedure Oct. 4, 2001
People v.Smith
Trial court required to impose indeterminate sentence in case involving certain sex offenses.
Criminal Law and Procedure Oct. 2, 2001
People v. Garcia
Provocation under second-degree murder statute is mitigating factor that prosecution must disprove, not separate lesser included offense.
Criminal Law and Procedure Oct. 2, 2001
Vashone-Caruso v. Suthere
Calculation of good time must be considered in determining parole eligibility date.
Criminal Law and Procedure Oct. 2, 2001
Keller v. People
Prosecutor may not withdraw from plea agreement when trial court properly reduces sentence pursuant to 'boot camp' statute.
Criminal Law and Procedure Oct. 2, 2001
State v. Holmes
Police officers' belief that woman had apparent authority to grant consent to search alleged drug dealer's residence wasn't objectively reasonable.
Criminal Law and Procedure Oct. 2, 2001
People v. Gonzales
Trial court authorized to order bond insurance company to refund bond premium where nonparty mistakenly required to post bond.
Criminal Law and Procedure Oct. 1, 2001
State v. Wilson
Criminal case proceeds despite prosecutor's failure to secure interview between defense attorney and victim.
Criminal Law and Procedure Oct. 1, 2001