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Name Category Published
U.S. v. Upshaw
Conviction of Native American for assault resulting in serious bodily injury leads to upper adjustment in sentencing.
Criminal Law and Procedure Oct. 8, 2000
Scott on Habeas Corpus
Review granted
Criminal Law and Procedure Oct. 5, 2000
People v. Thomas
Review granted
Criminal Law and Procedure Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
Duran v. City of Maywood
Court did not abuse discretion in failing to give 'Alexander' instruction when no facts showed police actions were excessive or unreasonable.
Criminal Law and Procedure Oct. 5, 2000
Solis v. Garcia
Jurors are not required to unanimously agree upon basis for guilt in reaching unanimous guilty verdict when alternate legally valid theories exist.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Albers
Ram-air chutes used to jump from structures in national parks are parachutes for purposes of federal law.
Criminal Law and Procedure Oct. 5, 2000
DeGeorge v. U.S.
Writ of mandamus is extreme measure only available when sought-after relief not available on direct appeal.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Ciccone
Evidence relating to victims' uninformed opinions that telemarketing scheme is legitimate, propounded by accused to rebut specific intent element of wire fraud is properly excluded.
Criminal Law and Procedure Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Doe
Government's failure to notify parents of juvenile's right to remain silent is cause to suppress confession of juvenile.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Magallon-Jimenez
Cocaine found lodged between passenger's feet in vehicle involved in drug transaction indicates knowledge, possession and intention to distribute drugs.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Cormier
Motel guest has no reasonable expectation of privacy in guest registration records.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Musa
Court does not abuse its discretion by imposing sentence that departs from range listed in Sentencing Commission's policy statement.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Lindberg
To recover expenses for prosecutorial misconduct, defendant must show more than substantially unjustified position by government.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Bennett
Government wiretap application for drug conspiracy investigation shows sufficient necessity despite undercover agent's questionable credibility.
Criminal Law and Procedure Oct. 5, 2000
People v. Marjanian
Review granted
Criminal Law and Procedure Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
In re Resendiz
Review granted
Criminal Law and Procedure Oct. 4, 2000
People v. Valentine
Denial of statutory right to jury trial on prior convictions is subject to harmless error analysis.
Criminal Law and Procedure Oct. 4, 2000
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder.
Criminal Law and Procedure Oct. 4, 2000
People v. Dingman
Conviction for possession of assault rifle doesn't require that rifle be manufactured with detachable magazine.
Criminal Law and Procedure Oct. 4, 2000
People v. Haynes
Unavailable witness taped statements in preliminary hearing are admissible against defendant at trial under recently-enacted statute.
Criminal Law and Procedure Oct. 4, 2000
U.S. v. Romero-Rendon
Uncontroverted presentence report provides clear and convincing evidence of prior conviction of an aggravated felony for sentence enhancement.
Criminal Law and Procedure Oct. 4, 2000
U.S. v. Sesma-Hernandez
In probation revocation hearing, trial court commits harmless error by excluding evidence deemed exceedingly weak though somewhat relevant.
Criminal Law and Procedure Oct. 4, 2000
James v. Giles
Prisoner has a right to amend a habeas corpus petition that contains exhausted and unexhausted claims as alternative to dismissal.
Criminal Law and Procedure Oct. 4, 2000
U.S. v. Nanthanseng
Conspiracy to distribute drugs and sell stolen firearms are not crimes sufficiently related to be grouped together for purposes of sentencing.
Criminal Law and Procedure Oct. 4, 2000
Baker v. BJR City of Blaine
No 6th Amendment deprivation during arraignment when accused pleads guilty, doesn't otherwise contest conviction and nothing occurred that was material to later trial proceedings.
Criminal Law and Procedure Oct. 4, 2000
U. S. v. Carter
Prisoner's sentence is vacated because district judge fails to explicitly resolve factual issues in presentence report relied upon for sentencing purposes.
Criminal Law and Procedure Oct. 4, 2000
Marquez-Perez v. Rardin
Parole Commission may not delegate its discretionary authority to reopen cases to case analyst.
Criminal Law and Procedure Oct. 4, 2000