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Name Category Published
MacFarlane v. Walter
Policy giving pre-sentence detainees less good conduct credits than defendants released on bail while awaiting sentencing, violates equal protection clause.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Covarrubias
Suspect's right to counsel is violated when questioned about transporting illegal alien where he already has attorney for kidnapping charge involving same alien.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Palmer
Statute forbidding use of conviction where defendant's civil rights are restored overrides counting provision in United States Sentencing Guidelines.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Yankowski
Government's failure to prove extortionate purpose mandates vacating conviction for Hobbs Act violation.
Criminal Law and Procedure Jun. 19, 2000
Lord v. Wood
Failure to interview and call witnesses who saw victim alive after she was last seen with defendant is ineffective assistance of counsel.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. George
In determining length of sentence for supervised-release revocation, U.S. Sentencing Guidelines' policy statements are not binding.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Crawford
Proximity to school isn't relevant conduct for purposes of offense guideline for drug crime when all counts charging school proximity are dismissed.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. McIver
Electronic tracking devices placed on automobiles by police isn't a Fourth Amendment violation.
Criminal Law and Procedure Jun. 19, 2000
Baja v. Duchjarme
Evidentiary hearing on federal habeas petition isn't required when petitioner failed to raise factual issues in state court.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Gergen
Defendant must be aware of illegal characteristics of firearm in order for conviction for possession of unregistered shotgun to stand.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Barragan-Mendoza
District court can't modify defendant's sentence more than seven days after its imposition.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Hall
Court's continuance to permit a codefendant's plea negotiations does not toll Speedy Trial Act.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Garcia-Sanchez
Scope of defendant's involvement in conspiracy must be determined before contributing all conspiracy sales to defendant.
Criminal Law and Procedure Jun. 19, 2000
Furman v. Wood
No due process violation occurs when a defendant ineligible for the death penalty is tried before a death-qualified jury.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Hernandez
For prosecution of alien illegally found in United States after deportation, venue is where alien first discovered and illegality of presence known.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Burdeau
Permission to withdraw an already accepted guilty plea can be given for 'any fair and just reason.'
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Park
Under Federal Sentencing Guidelines, enhancements are properly imposed for brandishing firearm during robberies.
Criminal Law and Procedure Jun. 18, 2000
Furman v. Wood
Trial by death-qualified jury, even though defendant isn't eligible for death penalty, doesn't violate due process.
Criminal Law and Procedure Jun. 18, 2000
MacFarlane v. Walter
Policy giving pre-sentence detainees less good conduct credits than defendants released on bail while awaiting sentencing, violates equal protection clause.
Criminal Law and Procedure Jun. 18, 2000
Hiivala v. Wood
Antiterrorism and Effective Death Penalty Act bars review on habeas appeal of issues not specified in the certificate of appealability.
Criminal Law and Procedure Jun. 18, 2000
Berry-Gurule v. Lucero
Order
Criminal Law and Procedure Jun. 15, 2000
U.S. v. Galindo-Davalos
Order
Criminal Law and Procedure Jun. 15, 2000
Godines v. Oliver
Order
Criminal Law and Procedure Jun. 15, 2000
Lopez v. Thompson
Failure to specifically instruct defendant representing himself at sentencing that he can cross-examine psychiatrist doesn't invalidate his right to counsel waiver.
Criminal Law and Procedure Jun. 15, 2000
U.S. v. Rrapi
Automated teller machine located in a grocery store is a 'bank' for purposes of federal bank robbery statute.
Criminal Law and Procedure Jun. 15, 2000
U.S. v. Smith
Sentence enhancement for firearm possession is proper where it's not 'clearly improbable' that the weapon is connected to offense of manufacturing marijuana.
Criminal Law and Procedure Jun. 15, 2000
U.S. v. Comito
Defendant's right to confrontation is violated when hearsay testimony is used as the basis for finding a supervised release violation.
Criminal Law and Procedure Jun. 15, 2000
Bargas v. Burns
Procedural default can occur for purposes of habeas corpus, even if there's no state case law directly on point setting forth appeal requirement.
Criminal Law and Procedure Jun. 15, 2000
Glauner v. Miller
State statute requiring parole board to certify lack of threat of sex offenders to others before release is constitutional.
Criminal Law and Procedure Jun. 15, 2000
Zitto v. Crabtree
Oral notification and offer of continuance prior to parole revocation hearing is sufficient notice and doesn't violate due process.
Criminal Law and Procedure Jun. 15, 2000