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Name Category Published
U.S. v. Cernobyl
Sentence for drug possession may not be based on quantities not alleged in indictment and proved beyond reasonable doubt. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Rodriguez-Cruz
Defendant convicted of smuggling aliens deserves greater sentence when alien froze to death during rare mountain snowstorm. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Tan
Defendant's seven prior drunk-driving convictions are properly offered to prove malice element of second-degree murder charge. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Sar-Avi
Although plea agreement did not prohibit defendant's request for return of forfeited bond, request was properly denied in light of defendant's 'chutzpah.' 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Jordan
Defendant must be resentenced because disproportionate impact of enhancements requires proof by clear and convincing evidence. 		Criminal Law and Procedure Sep. 10, 2001
Moore v. Marr
Individual convicted of first-degree assault is denied habeas relief based on ineffective assistance of counsel. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Murillo
Evidence of defendant's car rental history admissible to show knowledge that drugs were hidden in car. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Sullivan
Applying amended sentencing guidelines to defendant's offenses committed before amendment violates ex post facto clause. 		Criminal Law and Procedure Sep. 10, 2001
Arizona v. Olcavage (Adair)
Phlebotomists are qualified to draw blood without doctor supervision for DUI purposes. 		Criminal Law and Procedure Sep. 10, 2001
State v. Gross
Statute is unconstitutional, insofar as it allows trial court, rather than jury, to determine defendant's release status for purposes of increasing sentence. 		Criminal Law and Procedure Sep. 10, 2001
Juvenile Male v. The Commonwealth of the Northern Mariana Islands
Juvenile transfer statute vesting broad discretionary decision-making power in transfer judge isn't unconstitutionally vague. 		Criminal Law and Procedure Sep. 9, 2001
Cooper v. Calderon
First-degree murder conviction stands despite defense attorney's failure to request jury instruction on second-degree murder. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Holder
Evidence supports jury's finding that defendant killed landowner while owner was assisting federal employee who was engaged in performing official duties. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Sullivan
Amended sentencing guidelines do not violate ex post facto clause. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Walter
Court should have granted evidentiary hearing regarding defendant's history of childhood abuse, as abuse may warrant downward departure in sentencing. 		Criminal Law and Procedure Sep. 9, 2001
People v. Truong
Sentence enhancement for person convicted of inflicting great bodily injury on any person under circumstances involving domestic violence is not unconstitutional. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Johnson
Discovery by police of marijuana growing in mushroom shed was not admissible because officers did not have probable cause to enter property. 		Criminal Law and Procedure Sep. 9, 2001
People v. Trevino
Offender's age at time of prior offense is not relevant for purposes of sentencing under prior-murder special circumstance rule. 		Criminal Law and Procedure Sep. 9, 2001
German v. Superior Court (People)
Double jeopardy prohibits retrial for conspiracy to commit first-degree murder where conviction for conspiracy to commit second-degree murder was reversed. 		Criminal Law and Procedure Sep. 9, 2001
People v. Reeves
Statistical calculations used to support DNA evidence were admissible because they are generally accepted in scientific community. 		Criminal Law and Procedure Sep. 9, 2001
People v. Youngblood
Conviction for animal cruelty is affirmed because court properly instructed jury, necessity was no defense and no illegal search or seizure occurred. 		Criminal Law and Procedure Sep. 9, 2001
Ford v. Superior Court (People)
Court correctly denies defendant's motion to suppress confession, when he wasn't seized before making incriminating statements. 		Criminal Law and Procedure Sep. 9, 2001
People v. LaCross
Statute prohibiting transportation of methamphetamine applies to transportation by bicycle. 		Criminal Law and Procedure Sep. 9, 2001
People v. Branch
Admitting evidence of uncharged prior sexual offenses in child molestation case was highly probative and not unduly prejudicial. 		Criminal Law and Procedure Sep. 9, 2001
People v. Elam
Dismissal of juror with accent who 'changed his mind often' was error without further proof that he lacked command of English language. 		Criminal Law and Procedure Sep. 9, 2001
People v. Brown
California has jurisdiction to prosecute appellant who carries out non de minimis preparatory acts in state with intent of completing crime. 		Criminal Law and Procedure Sep. 9, 2001
People v. Kennedy
Ambiguity of Health and Safety Code section will not preclude misdemeanor conviction for unprescribed possession of controlled substances. 		Criminal Law and Procedure Sep. 9, 2001
Jorss v. Gomez
District court's erroneous dismissal of habeas petition is extraordinary circumstance beyond petitioner's control warranting equitable tolling. 		Criminal Law and Procedure Sep. 9, 2001
People v. Bradley
Failure of defense counsel to call expert witness did not constitute ineffective assistance of counsel. 		Criminal Law and Procedure Sep. 6, 2001
In the Interest of JAC
Escape from youth corrections facility justified adjudication of child as juvenile delinquent. 		Criminal Law and Procedure Sep. 6, 2001
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