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Name Category Published
U.S. v. Liang
Court erred in considering good eyesight a 'special skill' for sentencing enhancement purposes in card cheating case.
Criminal Law and Procedure May 2, 2004
People v. Konow
Trial court erred in dismissing criminal charges against defendants who allegedly sold medicinal marijuana.
Criminal Law and Procedure Apr. 29, 2004
U.S. v. Ziskin
Because drug trafficker participated in two distinct conspiracies, second conspiracy indictment did not violate double jeopardy.
Criminal Law and Procedure Apr. 26, 2004
U.S. v. Clough
District court had discretion to determine if downward sentence departure was warranted for defendant who sustained injuries from police shooting.
Criminal Law and Procedure Apr. 26, 2004
Chia v. Cambra
Trial court erred by excluding reliable and crucial evidence regarding defendant's innocence.
Criminal Law and Procedure Apr. 26, 2004
People v. Oates
Criminal street gang enhancement was improper where jury did not find defendant personally fired gun.
Criminal Law and Procedure Apr. 26, 2004
People v. Oates
Order
Criminal Law and Procedure Apr. 25, 2004
U.S. v. Rodriguez
Federal jurisdiction is not lost merely because defendant's intentions to rob narcotics trafficker could not have come true.
Criminal Law and Procedure Apr. 25, 2004
Cooper v. Rimmer
Death row inmate's emergency motion to stay execution is denied.
Criminal Law and Procedure Apr. 12, 2004
Caliendo v. Warden of California Men's Colony
Twenty-minute conversation between three jurors and detective who was prosecution witness may have improperly affected verdict by bolstering detective's credibility.
Criminal Law and Procedure Apr. 12, 2004
People v. Carmony
Order
Criminal Law and Procedure Apr. 9, 2004
U.S. v. Flores-Montano
Reasonable suspicion isn't required for inspection of vehicle's gas tank at border.
Criminal Law and Procedure Apr. 7, 2004
Miller v. Yokohama Tire Corp.
Plaintiff alleging unlawful denial of overtime pay failed to establish mail fraud claim under RICO.
Criminal Law and Procedure Apr. 6, 2004
U.S. v. Dela Cruz
Court did not err in ruling defendant ineligible for reduced sentence in telephone bomb threat case.
Criminal Law and Procedure Apr. 6, 2004
People v. Gonzales
Court had sufficient evidence to find appellant guilty on several counts of impersonating a public officer and robbery.
Criminal Law and Procedure Mar. 18, 2004
Crawford v. Washington
Use of defendant's wife's statements at trial violated confrontation clause.
Criminal Law and Procedure Mar. 18, 2004
Iowa v. Tovar
Iowa's plea colloquy satisfied constitutional requirements by informing defendant of his rights to trial and counsel.
Criminal Law and Procedure Mar. 18, 2004
People v. Shane
Continuance that extended trial date beyond 30-day statutory limit did not violate defendant's right to speedy trial.
Criminal Law and Procedure Mar. 17, 2004
Griffin v. Johnson
Habeas petitioners may pass 'Schlup' gateway by offering newly presented evidence of actual innocence.
Criminal Law and Procedure Mar. 17, 2004
Wilkins v. City of Oakland
Court's denial of summary judgment on qualified immunity grounds was not improper in an officer shooting case.
Criminal Law and Procedure Mar. 17, 2004
U.S. v. Barragan-Espinoza
Appellant's sentencing enhancements for rape and abduction were lawful under Federal Rule 11.
Criminal Law and Procedure Mar. 17, 2004
Brodit v. Cambra
Defendant convicted of sexually abusing minor failed to establish due process violations or ineffective assistance of counsel.
Criminal Law and Procedure Mar. 17, 2004
U.S. v. Haswood
Defendant's statements to FBI regarding sexual abuse allegations were not coerced.
Criminal Law and Procedure Mar. 17, 2004
Miller v. Superior Court (People)
Defendant who forcibly resisted victim while carrying away property is guilty of robbery.
Criminal Law and Procedure Mar. 16, 2004
People v. Bautista
Use of military personnel to obtain evidence supporting search warrant is not violation of defendants' Fourth Amendment rights.
Criminal Law and Procedure Mar. 16, 2004
People v. Partida
Though trial court erroneously allowed admission of gang evidence, doing so resulted only in harmless error.
Criminal Law and Procedure Mar. 16, 2004
People v. Johnson
Appellate remand solely for correction of sentence in progress did not remove defendant from prison custody or restore him to presentence status.
Criminal Law and Procedure Mar. 16, 2004
People v. Danks
Defendant with more than one prior second degree murder conviction is subject to a prior murder special circumstance for each conviction.
Criminal Law and Procedure Mar. 16, 2004
Welch v. Carey
Prisoner who waited four and a half years to file second state habeas petition is not entitled to tolling of federal deadline.
Criminal Law and Procedure Mar. 16, 2004
In re Smith
Governor will reconsider suitability of parole for defendant convicted of murdering wife.
Criminal Law and Procedure Mar. 15, 2004