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Name Category Published
U.S. v. Abonce-Barrera
Translated version of undercover tape recordings are admissible because defendant had opportunity to review tapes.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Ruiz
'Fair and just' standard applies to any motion for plea withdrawal that is made prior to defendant's sentencing.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Carrasco
Violation of speedy trial act did not occur when charge included in original indictment was reasserted in superseding indictment.
Criminal Law and Procedure Sep. 17, 2001
United States v. Trapp
Government did not breach plea agreement when it refused to recommend home detention after defendant was found ineligible.
Criminal Law and Procedure Sep. 17, 2001
In re Roe
Court erred by releasing defendant convicted of first-degree murder on bail pending resolution of his habeas corpus petition.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Hill
Indictment charging defendant with being accessory after the fact is insufficient as matter of law because it fails to plead underlying offense.
Criminal Law and Procedure Sep. 17, 2001
People v. Williams
Opinion
Criminal Law and Procedure Sep. 13, 2001
People v. Seaton
Death sentence is affirmed because defendant's contentions on appeal lacked merit or no harm was suffered from error.
Criminal Law and Procedure Sep. 12, 2001
People v. Superior Court (Gevorgyan)
Proposition 21 requires that juveniles be prosecuted by information following preliminary hearing, not by grand jury indictment.
Criminal Law and Procedure Sep. 12, 2001
People v. Brown
DNA evidence is admissible because scientists followed proper laboratory procedures.
Criminal Law and Procedure Sep. 12, 2001
People v. Tapia
When defendant's probation has expired, order finding him in violation is void and court doesn't have jurisdiction to extend probation term.
Criminal Law and Procedure Sep. 12, 2001
Martin v. People
Trial court incorrectly added period of parole to defendant's sentence because parole board has sole discretionary authority to determine defendant's parole eligibility.
Criminal Law and Procedure Sep. 11, 2001
People v. Sandoval
Order
Criminal Law and Procedure Sep. 11, 2001
People v. Hardacre
Sexually violent predator who failed to complete therapy or show that he was able to control his pedophilia was properly recommitted.
Criminal Law and Procedure Sep. 11, 2001
People v. Harrah
Order
Criminal Law and Procedure Sep. 11, 2001
People v. Gordon
Ceramic pieces of spark plug aren't burglar's tools within meaning of statute providing for possession of burglar's tools.
Criminal Law and Procedure Sep. 11, 2001
Anthony L. v. Superior Court (People)
Street Terrorism Enforcement and Prevention Act was intended to punish both felony and misdemeanor crimes committed in furtherance of criminal street gang.
Criminal Law and Procedure Sep. 11, 2001
People v. Thomas
No federal constitutional violation occurred where defense counsel waived defendant's state statutory right to jury trial on prior prison term allegations.
Criminal Law and Procedure Sep. 11, 2001
People v. Sengpadychith
Court erred when it failed to find specific felonies comprising gang's primary activities.
Criminal Law and Procedure Sep. 11, 2001
People v. Lewis
First-degree murder conviction upheld despite problems with testimony of primary witness.
Criminal Law and Procedure Sep. 11, 2001
People v. Collins
Waiver of jury trial obtained by court's assurance of an unspecified benefit isn't valid waiver.
Criminal Law and Procedure Sep. 11, 2001
People v. Ochoa
Death penalty sentence stands for defendant convicted of multiple counts of first degree murder committed during robbery.
Criminal Law and Procedure Sep. 11, 2001
People v. Vargas
Defendant's numerous challenges to sentence for conspiracy and murder are without merit.
Criminal Law and Procedure Sep. 11, 2001
People v. Saiz
Trial court acted within discretion, concluding purpose of videotaped statements had been accomplished through cross-examination of detective who took original statement.
Criminal Law and Procedure Sep. 11, 2001
Johnson v. Gibson
Order
Criminal Law and Procedure Sep. 10, 2001
Daniels v. U.S.
Petitioner's request for permission to file successive habeas petition is denied because claim fails 'Teague' inquiry.
Criminal Law and Procedure Sep. 10, 2001
Murtishaw v. Woodford
Death sentence reversed because court gave erroneous jury instruction that resulted in ex post facto violation.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Riggans
Failure to instruct jury on crime element didn't affect trial's fairness and court correctly decided that bank larceny was crime of violence.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Najjor
Court errs in failing to consider all evidence in calculating amount of restitution owed to bank.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Barrios-Gutierrez
At plea colloquy, court need only give notice of maximum possible penalty provided by law, and not defendant's actual maximum sentence.
Criminal Law and Procedure Sep. 10, 2001