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Name Category Published
People v. Brown
Imposition of 18-month low term for attempted voluntary manslaughter is not inconsistent with defendant's aggravated ten year sentence for firearm use.
Criminal Law and Procedure Nov. 2, 2000
Lorentsen v. Hood
Federal prisoner may not overcome limitations on successive motions by petitioning for habeas relief.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Nunez
Defendant who waives statutory right to appeal sentence implicitly waives right to argue ineffective assistance of counsel involving sentencing issue.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Nelson
Defendant seeking sentence reduction must prove eligibility for 'safety valve relief' by preponderance of evidence.
Criminal Law and Procedure Nov. 2, 2000
Patterson v. Gomez
Jury instruction that allows jury to presume defendant is sane in murder trial violates due process.
Criminal Law and Procedure Nov. 2, 2000
Manning v. Foster
Attorney's conflict of interest constitutes cause for procedural default when conflict causes attorney to interfere with petitioner's right to pursue habeas relief.
Criminal Law and Procedure Nov. 2, 2000
Delgado v. Lewis
Claim of ineffective assistance of counsel is upheld when counsel files brief claiming no non-frivolous issues exist and court certifies to contrary.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Nerber
Fourth Amendment protects citizens from secret video surveillance in another person's hotel room without warrant or consent of participant in monitored activity.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Cabrera
Admitting lead witness's improper references to defendants' national origin is plain error.
Criminal Law and Procedure Nov. 2, 2000
Shumway v. Payne
Jury instruction in murder trial that splits the act and mental state between two defendants is harmless error because it is in accord with Washington law.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Henke
Joint defense privilege agreement that prevents accused from cross-examining witness is conflict court must address.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Tadeo
Cour does not abuse its discretion by imposing sentence greater than one suggested by sentencing guideline's policy statements.
Criminal Law and Procedure Nov. 2, 2000
Ellis v. Armenakis
Prisoner whose state claim is barred by procedural rules also has no federal claim.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Lavender
Screwdriver carried during bank robbery is a dangerous weapon for purposes of sentence enhancement, whether or not its use is intended.
Criminal Law and Procedure Nov. 2, 2000
Green v. White
Antiterrorism and Effective Death Penalty Act's one year time limitation is not per se violation of Suspension Clause.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Tiong
Car spotted in area regularly used for crime gives rise to reasonable suspicion to justify stop.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Edwards
Prosecutor who links accused to drugs after tampering with evidence already admitted at accused's prior trial prejudicies accused.
Criminal Law and Procedure Nov. 2, 2000
In re Vargas
Defendant who may have been coerced to accept plea by attorney unable to proceed to trial may have been prejudiced.
Criminal Law and Procedure Nov. 2, 2000
People v. Frontier Insurance Co.
Court does not lose jurisdiction over forfeiture of bail when it continues case of accused who fails to appear for jury's reading of verdict.
Criminal Law and Procedure Nov. 2, 2000
People v. Hoag
Though absent from residence at time of search, defendant has sufficient personal interest in safety of family to challenge deputies' mode of entry.
Criminal Law and Procedure Nov. 2, 2000
People v. Hall
Multiple-victim exception does not allow imposition of multiple sentences for single act of brandishing firearm in presence of more than one peace officer.
Criminal Law and Procedure Nov. 1, 2000
People v. Coddington
California Supreme Court affirms death sentence for convicted murderer.
Criminal Law and Procedure Nov. 1, 2000
People v. Lawrence
Consecutive sentences are not mandated under three strikes law if all current convictions committed on same occasion or arise from same set of operative facts.
Criminal Law and Procedure Nov. 1, 2000
People v. Superior Court (Butler)
Mental institution inmates convicted under sexually violent predator law may have their commitment extended after full psychological evaluation.
Criminal Law and Procedure Nov. 1, 2000
People v. Scott
Retrial on forcible sex offense not barred by principles of double jeopardy.
Criminal Law and Procedure Oct. 26, 2000
People v. England
If proper measures are taken to ensure fairness of judicial proceedings, trial may be conducted in courtroom on grounds of state prison facility.
Criminal Law and Procedure Oct. 26, 2000
Salazar v. Superior Court (In re People)
Criminal defendant may challenge sufficiency of evidence for penalty enhancements during preliminary hearing.
Criminal Law and Procedure Oct. 26, 2000
People v. Wood
Hit and run accident doesn't become 'serious felony' just because victim's injuries are serious.
Criminal Law and Procedure Oct. 26, 2000
People v. Umfrid
Review granted
Criminal Law and Procedure Oct. 25, 2000
State v. Gill (In re 3,636.24)
Trial court errs in forfeiting accused's cash and cellular phone to State.
Criminal Law and Procedure Oct. 24, 2000