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Name Category Published
In the Matter of 1996 Nissan Sentra
If criminal racketeering enterprise has ultimate goal of financial gain any property knowingly used to further criminal objective is subject to forfeiture.
Criminal Law and Procedure Oct. 1, 2001
State v. Boyd
Conviction is reversed because defendant lacked notice that substance he ingested was dangerous illegal drug.
Criminal Law and Procedure Oct. 1, 2001
State v. Bass
Defendant's challenge to admission and sufficiency of evidence are without merit, however court could not place him on lifetime probation.
Criminal Law and Procedure Oct. 1, 2001
Steiger v. Woods
Attorney General did not have authority to use public funds to hire private counsel to represent officer in criminal case.
Criminal Law and Procedure Sep. 25, 2001
State v. Ibanez
Juror with family history of alcoholism could not be fair and impartial in drunk driving trial.
Criminal Law and Procedure Sep. 25, 2001
State v. Roman
Proposition mandating probation for drug possession doesn't mandate probation for promoting prison contraband, even when contraband consists of illegal drugs.
Criminal Law and Procedure Sep. 25, 2001
Urs v. Maricopa County Attorney's Office
Reckless driving was jury-eligible offense at common law, and state constitution therefore guarantees offenders right to jury trial.
Criminal Law and Procedure Sep. 25, 2001
State v. Hensley
Court doesn't err by refusing to revoke defendant's probation and impose prison term, however it incorrectly terminated probation as unsuccessful.
Criminal Law and Procedure Sep. 25, 2001
People v. Gaitan
Conviction for possession of metal knuckles did not require proof of specific intent to commit further violent act.
Criminal Law and Procedure Sep. 25, 2001
People v. Walsh
Territorial jurisdiction exists for crimes committed within 500 yards of prosecuting county.
Criminal Law and Procedure Sep. 24, 2001
State v. Demery
Videotaped interview during which police accuse defendant of lying is not impermissible opinion testimony.
Criminal Law and Procedure Sep. 24, 2001
State v. Goodman
Domestic abuse may be considered aggravating factor when sentencing for arson conviction.
Criminal Law and Procedure Sep. 23, 2001
City of Seattle v. Patu
Where defendant himself invited instructional error by proposing constitutionally deficient jury instruction, court cannot grant relief.
Criminal Law and Procedure Sep. 23, 2001
People v. Cervantes
Provocative act doctrine only requires the murder to be the proximate cause of death and natural and probable consequence of defendant's actions.
Criminal Law and Procedure Sep. 20, 2001
State v. Hoggatt
Defendant's cohabitant's voluntary consent justified officer's warrantless entry into living room.
Criminal Law and Procedure Sep. 20, 2001
State v. Neal
Laboratory drug report that fails to identify person from whom substance was received cannot be admitted as evidence.
Criminal Law and Procedure Sep. 20, 2001
State v. Lansden
Search warrant issued to code inspector invalid for purpose of searching for evidence of crime.
Criminal Law and Procedure Sep. 20, 2001
State v. Tili
Court properly imposed special sentence against defendant guilty of multiple penetrations during rape instead of sentence of three separate counts of rape.
Criminal Law and Procedure Sep. 20, 2001
Personal Restraint Petition of Vazquez
Second personal restraint petition must be introduced on different grounds than original petition and must be brought for good cause.
Criminal Law and Procedure Sep. 20, 2001
State v. Cho
Defendant may be entitled to new trial based on juror misconduct when juror failed to disclose material fact during voir dire.
Criminal Law and Procedure Sep. 20, 2001
People v. Williams
Use of former assault jury instruction is reversible error due to incorrect requirement for mental state element.
Criminal Law and Procedure Sep. 19, 2001
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Sep. 19, 2001
U.S. v. Antonakeas
Defendant who fled country prior to sentencing has no grounds to challenge extradition.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Pirello
Two level sentence enhancement was warranted against defendant who used mass-marketing on Internet to commit wire fraud.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Hayden
Criminal defendant whose sentence reflects prior convictions is not entitled to recalculation of sentence after prior convictions are set aside.
Criminal Law and Procedure Sep. 18, 2001
Kulas v. Flores
Among other things, court did not improperly remove pro se plaintiff from courtroom because of disruptive behavior.
Criminal Law and Procedure Sep. 18, 2001
Allen v. Lewis
Prison transfer did not make it impossible for prisoner to file habeas petition during deadline.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Enas
Double jeopardy clause isn't breached by successive tribal and federal prosecution of nonmember Indian.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Rousseau
Felon's convictions for possession of firearms are affirmed because police properly seized them during his arrests.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. James
Denial of discovery on issue of selective prosecution of black crack cocaine dealers was proper because evidence did not show discriminatory effect.
Criminal Law and Procedure Sep. 17, 2001