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Name Category Published
People v. Kurey
Child pornography statute allowing conviction when minor appears under 18 is not unconstituional and evidence of apparent age is admissible. 		Criminal Law and Procedure Jul. 17, 2001
People v. Silva
Death Sentence reversed where prosecution uses preemptive strike to eliminate juror because of race. 		Criminal Law and Procedure Jul. 17, 2001
People v. Allen
Defendant convicted of burglary may not be fined penalty assessment unless there is underlying fine. 		Criminal Law and Procedure Jul. 17, 2001
People v. Walker
At sentencing, defendant has burden to prove that constitutional rights were violated in prior convictions. 		Criminal Law and Procedure Jul. 17, 2001
People v. Bush
Police were entilted to search vehicle for weapons based on information about criminal history that was six years old. 		Criminal Law and Procedure Jul. 17, 2001
In re Taylor
Defendant who received increased sentence based on Three Strikes offenses is not entitled to jury trial on prior convictions. 		Criminal Law and Procedure Jul. 17, 2001
People v. Alvarez
Sentence enhancement for using firearm during murder is constitutional because there is compelling purpose to deter firearm use. 		Criminal Law and Procedure Jul. 17, 2001
People v. Cleveland
Conviction reversed where trial court discharged juror during deliberations for failing to deliberate and prejudging case. 		Criminal Law and Procedure Jul. 17, 2001
People v. Valentine
Review granted 		Criminal Law and Procedure Jul. 17, 2001
Pawlyk v. Wood
Defendant who raises insanity defense may expect compelled disclosure of psychiatric examinations. 		Criminal Law and Procedure Jul. 17, 2001
People v. Englebrecht
Injunction against street gang member does not violate constitutional rights. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Velasco-Heredia
In defendant's conspiracy to distribute marijuana case, drug quantity is fact government must prove beyond reasonable doubt. 		Criminal Law and Procedure Jul. 17, 2001
Fenner v. U.S. Parole Commission
Parolee is subject to term of special parole because order modifying sentence only referred to term of imprisonment. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Korman
Government had discretion not to request sentence reduction despite defendant's assistance in investigation of others. 		Criminal Law and Procedure Jul. 17, 2001
United States v. Haber
Conviction and sentence for mail fraud affirmed where defendant could not show trial errors or where error was harmless. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Kentz
Defendant who committed offense while awaiting trial may receive sentence enhancement despite not being warned by judge. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Caperna
District court cannot depart from sentencing guidelines because of sentence disparity between co-defendants unless co-defendants were convicted of same crime. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Carbullido
Federal statute only permits either commitment or unconditional release, not conditional release. 		Criminal Law and Procedure Jul. 17, 2001
State v. Westling
Multiple counts of second degree arson may result from one fire if malice is proved against each of the victims. 		Criminal Law and Procedure Jul. 16, 2001
Moore v. Gibson
Oklahoma does not recognize prisoner mailbox rule, and late filing of state habeas petition failed to toll limitations period for federal petition. 		Criminal Law and Procedure Jul. 16, 2001
People v. Ly
Code section prohibiting presentence custody credits doesn't apply to murder that occurred prior to section's operative date. 		Criminal Law and Procedure Jul. 16, 2001
State v. Powers
Hit and run accident scene with two victims may only be counted as one accident scene. 		Criminal Law and Procedure Jul. 16, 2001
State v. Deman
Defendant's prior drunk driving convictions are not 'washed out' for the purpose of sentencing enhancement. 		Criminal Law and Procedure Jul. 15, 2001
State v. Cienfuegos
Defense attorney's failure to request jury instruction regarding diminished capacity was not prejudicial. 		Criminal Law and Procedure Jul. 15, 2001
State v. Glas
Voyeurism statute that doesn't define term 'hostile intrusion' is neither vague nor overbroad when term is given ordinary meaning. 		Criminal Law and Procedure Jul. 15, 2001
State v. Rainey
Defendant who was convicted after her attorney refused to allow her to testify at trial may have received ineffective assistance of counsel. 		Criminal Law and Procedure Jul. 15, 2001
State v. Ross
Police officer did not violate statute by transferring defendant to other jurisdiction rather than taking him to nearest jail to set bail. 		Criminal Law and Procedure Jul. 15, 2001
State v. Elledge
When defendant's waiver of direct right to appeal conviction and sentence was made knowingly, voluntarily and intelligently, death sentence affirmed. 		Criminal Law and Procedure Jul. 15, 2001
People v. Valdez
Sufficient evidence supports trial court's finding that defendant qualified for mentally disordered offender status. 		Criminal Law and Procedure Jul. 12, 2001
People v. Tillett
Court's instruction to jury defining personal use of firearm during robbery is error, therefore personal discharge of gun enhancement must be stricken. 		Criminal Law and Procedure Jul. 12, 2001
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