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Name Category Published
People v. Britt
Sex offender's failure to notify law enforcement may be prosecuted by two separate counties because each crime is a separate continuing act.
Criminal Law and Procedure Jun. 22, 2004
Kennedy v. Lockyer
State court's denial of full transcript of defendant's first trial for use in second has substantial and injurious effect on jury's verdict.
Criminal Law and Procedure Jun. 22, 2004
Pliler v. Ford
District court was not required to warn habeas petitioner regarding 'mixed' petition.
Criminal Law and Procedure Jun. 22, 2004
Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County
State may punish failure to furnish identity during Terry stop if statute requires that request be reasonably related to circumstances justifying stop.
Criminal Law and Procedure Jun. 22, 2004
U.S. v. Patane
Physical fruits of Miranda violation must be suppressed where necessary to serve Miranda's deterrent purpose.
Criminal Law and Procedure Jun. 21, 2004
People v. Taylor
Murder conviction of pregnant woman does not support second-degree fetal murder conviction.
Criminal Law and Procedure Jun. 21, 2004
U.S. v. Dominguez Benitez
Defendant must show reasonable probability that he would have pleaded not guilty but for Federal Rule of Criminal Procedure 11 violation.
Criminal Law and Procedure Jun. 21, 2004
Yarborough v. Alvarado
Defendant was not in custody for Miranda purposes during police questioning.
Criminal Law and Procedure Jun. 7, 2004
Thornton v. U.S.
After lawful custodial arrest, officer may search vehicle's passenger compartment even after arrestee has exited vehicle.
Criminal Law and Procedure Jun. 1, 2004
U.S. v. Solorzano-Rivera
Speedy trial clock was tolled while court was considering defendant's plea agreement.
Criminal Law and Procedure Jun. 1, 2004
Nelson v. Campbell
Prisoner challenging 'cut down' method of lethal injection may bring civil rights claim.
Criminal Law and Procedure Jun. 1, 2004
People v. Casper
Court is not required to impose consecutive sentences for offenses that fall outside of 'Three Strikes' sentencing scheme.
Criminal Law and Procedure Jun. 1, 2004
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination.
Criminal Law and Procedure May 31, 2004
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief.
Criminal Law and Procedure May 31, 2004
People v. Canty
Defendant is ineligible for drug treatment under Proposition 36 because driving under influence of drugs is not 'simple possession or use of drugs.'
Criminal Law and Procedure May 26, 2004
Sabri v. U.S.
Federal law against bribery of state or local entities that receive federal funds is lawful.
Criminal Law and Procedure May 25, 2004
U.S. v. Battles
District court must develop record to determine if defense counsel's withholding of trial transcripts justifies equitable tolling of limitations period for filing habeas petition.
Criminal Law and Procedure May 24, 2004
U.S. v. Pang
Invoices indicating that defendant was evading taxes were properly authenticated and admitted at trial.
Criminal Law and Procedure May 24, 2004
People v. Woodward
In trial for possession of child pornography, court's amplifying instruction on affirmative defense was erroneous.
Criminal Law and Procedure May 21, 2004
People v. Ary
Trial court's failure to order competency hearing deprived defendant of his constitutional right to fair trial.
Criminal Law and Procedure May 21, 2004
People v. DeLouize
Trial court has discretion to reconsider its order granting new trial motion in order to correct an error of law.
Criminal Law and Procedure May 21, 2004
People v. Weaver
Defendant should be permitted to withdraw guilty plea due to court's excessive involvement in plea negotiation process.
Criminal Law and Procedure May 19, 2004
In re Steele
Under Penal Code Section 1054.9, petitioner is now entitled to discovery of materials not provided at trial.
Criminal Law and Procedure May 19, 2004
U.S. v. Lewis
Trial that commenced over two years after defendant's initial arraignment was in violation of Speedy Trial Act.
Criminal Law and Procedure May 19, 2004
The Company v. U.S.
Private parties are not obligated to assist the FBI in intercepting communications when interference would hinder services provided.
Criminal Law and Procedure May 19, 2004
Johnson v. Reilly
Parole commission wasn't required to hold revocation hearing based on parole violator warrant which subsequently had supplemental charges added to it.
Criminal Law and Procedure May 19, 2004
U.S. v. Alvarez
Drug conviction is vacated to determine whether information was improperly withheld from defense.
Criminal Law and Procedure May 18, 2004
U.S. v. Keesee
Defendant who hid firearm in safe is subject to enhancement provision of Armed Career Criminal Act.
Criminal Law and Procedure May 18, 2004
U.S. v. Gomez
Wiretap application adequately explained that traditional techniques, including use of confidential informants, would not meet goals of investigation.
Criminal Law and Procedure May 18, 2004
U.S. v. Rodriguez-Gonzales
Defendant receives lighter sentence for illegal entry due to government's failure to plead subsequent entry.
Criminal Law and Procedure May 18, 2004