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Name Category Published
Washington v. French
Prosecutorial remarks touching on accused's right to remain silent are subject to 'incurable prejudice analysis. 		Criminal Law and Procedure May 10, 2001
State v. Julian
Prosecutor's minimal and unenthusiastic remarks at sentencing constitutionally satisfy State's performance of plea agreement. 		Criminal Law and Procedure May 10, 2001
People v. Johnson
Review granted 		Criminal Law and Procedure May 10, 2001
State v. Pietrzak
Statute prohibiting communication with minor for immoral purposes is not unconstitutionally vague. 		Criminal Law and Procedure May 10, 2001
State v. Cormier
Defendant's assault on officer justified custodial arrest and seizure of drugs despite illegality of original stop. 		Criminal Law and Procedure May 10, 2001
State v. Todd
Fingerprint evidence alone is insufficient to support conviction for possession with intent to deliver. 		Criminal Law and Procedure May 10, 2001
State v. Barragan
Evidence of prior assaults is admissible to show victim had reasonable belief that threat of violence would occur. 		Criminal Law and Procedure May 10, 2001
State v. Portrey
One may not be convicted of both possessing more than 40 grams of marijuana and possessing marijuana with intent to manufacture/deliver. 		Criminal Law and Procedure May 10, 2001
State v. Dauenhauer
Jury instruction regarding defendant's election not to testify was not prejudicial but restitution order was improper. 		Criminal Law and Procedure May 10, 2001
State v. Hall
Court's refusal to give voluntary intoxication and attempted assault instructions and to include intent in 'to convict' instructions was not error. 		Criminal Law and Procedure May 10, 2001
State of Washington v. Cook
Probable cause to arrest where passenger of stopped vehicle gives officer independent cause to question and illegal drugs in plain view. 		Criminal Law and Procedure May 10, 2001
State v. Hernandez-Hernandez
No ineffective assistance of counsel in cocaine delivery case where attorney argued mitigating factors for lower range standard sentence. 		Criminal Law and Procedure May 10, 2001
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat. 		Criminal Law and Procedure May 10, 2001
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence. 		Criminal Law and Procedure May 10, 2001
U.S. v. Sparks
Order 		Criminal Law and Procedure May 9, 2001
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief. 		Criminal Law and Procedure May 9, 2001
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court. 		Criminal Law and Procedure May 9, 2001
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence. 		Criminal Law and Procedure May 9, 2001
U.S. v. Magleby
Burning of cross at interracial couple's home is violation of civil rights when act is racially motivated and due to couple's presence in neighborhood. 		Criminal Law and Procedure May 9, 2001
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons. 		Criminal Law and Procedure May 9, 2001
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person. 		Criminal Law and Procedure May 9, 2001
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end. 		Criminal Law and Procedure May 9, 2001
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search. 		Criminal Law and Procedure May 9, 2001
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review. 		Criminal Law and Procedure May 9, 2001
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating. 		Criminal Law and Procedure May 9, 2001
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal. 		Criminal Law and Procedure May 9, 2001
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest. 		Criminal Law and Procedure May 9, 2001
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed. 		Criminal Law and Procedure May 9, 2001
Kleve v. Hill
Conviction for conspiracy to commit second degree murder stands despite later case that holds offense does not exist. 		Criminal Law and Procedure May 9, 2001
U.S. v. Davis
Congress has authority under Commerce Clause to support conviction for possession of firearm. 		Criminal Law and Procedure May 9, 2001
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