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Name Category Published
Loveland v. Hatcher
Ineffective assistance of counsel may be 'good cause' excusing prisoner's failure to file timely post-conviction relief petition in state court.
Criminal Law and Procedure Jan. 4, 2001
Sandoval v. Calderon
Defendant was not entitled to severance of criminal counts but was prejudiced by prosecutor's religious argument for death penalty.
Criminal Law and Procedure Jan. 4, 2001
Jones v. Smith
Discrepancy between jury instruction on premeditation and omission of premeditated charge is variance, not amendment and therefore does not violate Sixth Amendment.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Hayes
Secret tape recording of conversation is admissible because it was obtained before formal criminal proceedings were initiated.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Alvarez-Valenzuela
Co-conspirator's firearms conviction affirmed because of foreseeabilty of presence of gun during drug trafficking operation.
Criminal Law and Procedure Jan. 4, 2001
Miller v. Stewart
Stay of execution granted where defendant volunteers to die and there is evidence of psychological deterioration.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Middleton
Computer Fraud and Abuse Act prohibiting conduct causing damage to one or more individuals includes damage to corporations.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Chea
Court must apply 1994 version of sentencing guideline when imposing sentence on defendant who is subject to undischarged term of imprisonment.
Criminal Law and Procedure Jan. 4, 2001
People v. Strohman
Receiving stolen property is not lesser included offense of operating chop shop.
Criminal Law and Procedure Jan. 4, 2001
People v. Dey
Presence of marijuana in passenger compartment of automobile provides probable cause for search of trunk.
Criminal Law and Procedure Jan. 4, 2001
People v. Camarillo
Driving while intoxicated conviction, later declared a misdemeanor for all purposes, may not be charged as prior felony conviction.
Criminal Law and Procedure Jan. 4, 2001
People v. Younger
Jury instructions that allow jury to consider prior offenses as inference that boyfriend committed murder are not harmless error.
Criminal Law and Procedure Jan. 4, 2001
People v. Drennan
School superintendent's conviction for recording confidential communications in prinicpal's office is reversed.
Criminal Law and Procedure Jan. 4, 2001
People v. Thornton
Defendant who volunteered statement about drug use was not prejudiced by admission of statement at trial.
Criminal Law and Procedure Jan. 4, 2001
People v. Baniqued
Rooster or other birds qualify as animals for purposes of animal cruelty statutes found in Penal Code.
Criminal Law and Procedure Jan. 4, 2001
People v. Duarte
Post-arrest statements not specifically disserving to declarant's interest and lacking sufficient indica of trustworthiness do not qualify for exception to hearsay rule.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Jimenez-Frias
Providing transportation to illegal aliens even in course of employment is sufficient to find liability.
Criminal Law and Procedure Jan. 3, 2001
Shewfelt v. Alaska
Court's failure to provide accused with opportunity to be present at playback of trial testimony violates Sixth Amendment, but is harmless error.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Maggio
Police had probable cause to unlock car of defendant who provided inconsistent answers and failed to furnish identification.
Criminal Law and Procedure Jan. 3, 2001
Charles v. Hickman
Evidence of prior offense resulting in acquittal may be introduced if governed by a lower standard of proof than in previous trial.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Mondragon
Prosecutor's comments that influence court to impose harsher sentence breaches plea agreement and requires defendant to be resentenced.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Archdale
Court upholds sexual abuse convictions, despite defendant's challenges of erroneous evidentiary rulings and improper sentencing.
Criminal Law and Procedure Jan. 3, 2001
Morris v. Woodford
State Supreme Court's denial of second state habeas petition as untimely does not bar federal review of claims raised in that petition.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Holmes
Informant who received compensation for identifying defendant does not require special jury instruction.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Amano
Evidence obtained against foreign national without notifying consulate or providing Miranda warnings in native language is admissible.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Furrow
Warrant requirement not excused in protective sweep of cabin conducted after teenagers inside had been rounded up, carded and arrested.
Criminal Law and Procedure Jan. 3, 2001
Mayfield v. Calderon
Convicted murderer is not prejudiced by his counsel's failure to present more mitigating evidence at penalty phase of trial.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Johnson
Jury conviction for receipt of stolen government property to be reinstated over Rule 29 acquittal in money laundering case.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Rodrigues
Court must determine exact nature of agreements between company and investors before calculating appropriate restitution owed by company's chairman.
Criminal Law and Procedure Jan. 3, 2001