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Name Category Published
State v. Hernandez
Defendant not entitled to jury instructions on entrapment defense when he fails to demonstrate that law enforcement agent originated idea of drug sale.
Criminal Law and Procedure Aug. 21, 2001
People v. Griffin
Burglary may be found if entry was made to facilitate subsequent crime not sharing attributes of proximity in time and place.
Criminal Law and Procedure Aug. 21, 2001
People v. Catlin
Petitioner's numerous challenges to guilt and penalty phases of trial, resulting in death sentence, are without merit.
Criminal Law and Procedure Aug. 21, 2001
Personal Restraint Petition of Connick
Multiple prior convictions that do not involve same criminal conduct each count toward sentence for current offense.
Criminal Law and Procedure Aug. 19, 2001
Richardson v. People
In possession of controlled substance case, government must produce evidence other than possession to allow element of knowledge to go to jury.
Criminal Law and Procedure Aug. 15, 2001
People v. Williams
Court may discharge juror who is unable or unwilling to render verdict in accordance with court's instructions on law.
Criminal Law and Procedure Aug. 14, 2001
City of Bellevue v. Hellenthal
Certificate authenticating speed measuring device need not be prepared by police officer to be admissible in court.
Criminal Law and Procedure Aug. 14, 2001
People v. Quinn
Evidence that defendant is dangerous and mentally retarded is sufficient to authorize involuntary confinement.
Criminal Law and Procedure Aug. 14, 2001
People v. Carlisle
When defendant unequivocally requests to represent himself, court's failure to allow him to proceed pro per is reversible error.
Criminal Law and Procedure Aug. 14, 2001
People v. Gonzales
Conviction for first-degree murder arising from fist fight does not require that defendants knew gun would be used.
Criminal Law and Procedure Aug. 14, 2001
In re Azurin
Habeas corpus petitioner must be in actual or constructive custody at time petition is filed.
Criminal Law and Procedure Aug. 14, 2001
People v. Amwest Insurance Co.
Bail bond forfeiture is not exonerated in one case because of bond posted on same defendant in a second case.
Criminal Law and Procedure Aug. 14, 2001
People v. Crowe
Jury instruction containing language that voluntary manslaughter required intent to kill does not prejudice defendant.
Criminal Law and Procedure Aug. 14, 2001
People v. Alvarado
Rape occurred during course of burglary even though defendant finished entering residence and obtained victim's property.
Criminal Law and Procedure Aug. 14, 2001
Mason v. People
Defendant may not withdraw guilty plea after sentencing because newly discovered evidence not likely to result in acquittal.
Criminal Law and Procedure Aug. 14, 2001
People v. Schneider
Court sets forth new standard to be applied when defendant seeks to withdraw guilty plea based on newly discovered evidence.
Criminal Law and Procedure Aug. 14, 2001
People v. Melillo
Trial court didn't abuse its discretion in excluding defendant's statement referencing rape victim's prior sexual abuse under Colorado's rape shield statute.
Criminal Law and Procedure Aug. 14, 2001
Wozniak v. Galati (In re State of Arizona)
Results of drug screen test admissible despite lack of second analysis to confirm result.
Criminal Law and Procedure Aug. 14, 2001
Goodwin v. Superior Court (Los Angeles County Sheriff's Dept.)
Court has no authority to compel person who is not in custody to appear for pre-indictment criminal lineup.
Criminal Law and Procedure Aug. 13, 2001
People v. Bolter
For witness-killing special circumstance to apply, evidence need only show that victim/witness was killed in retaliation for act of testifying.
Criminal Law and Procedure Aug. 13, 2001
People v. Gibson
Information in warrant was not stale where law enforcement surveillance established defendant's residence and magistrate had ample evidence of continuing criminal enterprise.
Criminal Law and Procedure Aug. 13, 2001
State v. Silva
Criminal defendant who represented himself had sufficient court resources despite lack of investigator or access to phone.
Criminal Law and Procedure Aug. 13, 2001
State v. McCormick
Minor guilty of felony harassment where principal discovered from classmates that minor had threatened to kill principal.
Criminal Law and Procedure Aug. 13, 2001
State v. Horrace
Police search of non-arrested vehicle passenger was justified where specific facts gave rise to objectively reasonable belief that passenger could be armed.
Criminal Law and Procedure Aug. 13, 2001
State v. Ancira
Order prohibiting father's contact with children was not reasonably necessary to protect them from witnessing domestic violence.
Criminal Law and Procedure Aug. 12, 2001
Personal Restraint Petition Of Mines
Procedural violation of failing to audio tape parole hearing will not warrant new hearing because Board's decision did not prejudice petitioner.
Criminal Law and Procedure Aug. 12, 2001
State v. Jackson
When police arrest driver of vehicle, items of confused ownership may be investigated.
Criminal Law and Procedure Aug. 12, 2001
U.S. v. Poocha
Spectator who uttered profanity at police officer in process of making arrest did not commit disorderly conduct.
Criminal Law and Procedure Aug. 12, 2001
People v. Garcia
Prior and subsequent acts of domestic violence sufficiently corroborate spousal rape charge reported more than one year after incident.
Criminal Law and Procedure Aug. 10, 2001
In re Ramirez
Superior court is proper court in which to file habeas petition arising out of misdemeanor case.
Criminal Law and Procedure Aug. 10, 2001