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Name Category Published
Anthony L. v. Superior Court (People)
Penal Code Section 186.22(d) applies to all gang-related offenses and is more aptly characterized as penalty provision, not as substantive offense. 		Criminal Law and Procedure Jun. 6, 2003
Garceau v. Woodford
Jury instruction to infer criminal propensity from evidence of other crimes was not harmless error. 		Criminal Law and Procedure Jun. 3, 2003
In re Bell
Order 		Criminal Law and Procedure Jun. 2, 2003
People v. Palomino
Order 		Criminal Law and Procedure Jun. 2, 2003
People v. Lee
Order 		Criminal Law and Procedure Jun. 1, 2003
Ferguson v. Palmateer
Federal one-year statute of limitations for habeas petitions need not be extended to allow full application of Oregon's two-year limitations period. 		Criminal Law and Procedure May 30, 2003
Lewis v. Lewis
Trial and appeal courts failed to determine whether purposeful racial discrimination occurred during jury selection. 		Criminal Law and Procedure May 30, 2003
U.S. v. Auld
Downward sentencing departure should begin from statutorily required minimum sentence rather than guideline sentence. 		Criminal Law and Procedure May 30, 2003
U.S. v. Luna-Orozco
Defendant who intended to plead guilty but did not enter formal plea is still bound by agreement. 		Criminal Law and Procedure May 30, 2003
U.S. v. Doe
Juvenile charged with federal crime must be tried within 30 days of his certification for federal juvenile proceedings. 		Criminal Law and Procedure May 30, 2003
U.S. v. Celestine
Affidavit supporting probable cause determination for warrant need not be served at time of search. 		Criminal Law and Procedure May 30, 2003
U.S. v. Chen
Immigrant's false statements regarding entry into United States were material for his conviction for making false statement. 		Criminal Law and Procedure May 30, 2003
U.S. v. Fernandez-Castillo
Reasonable suspicion to conduct investigatory vehicle stop was present where officer received credible report that vehicle was driven erratically. 		Criminal Law and Procedure May 30, 2003
U.S. v. Velasco-Heredia
For sentencing purposes, court must employ 'beyond a reasonable doubt' standard when determining amount of marijuana attributable to defendant. 		Criminal Law and Procedure May 30, 2003
U.S. v. Ballesteros-Ruiz
State conviction for possession of marijuana does not qualify as aggravated felony for purpose of imposing sentencing enhancement. 		Criminal Law and Procedure May 29, 2003
U.S. v. Leasure
Government has burden of proving defendant manufactured drugs while operating narcotics laboratory. 		Criminal Law and Procedure May 29, 2003
Peterson v. Lampert
Where petitioner did not adequately present federal claim to Oregon Supreme Court, habeas corpus petition was properly dismissed. 		Criminal Law and Procedure May 29, 2003
U.S. v. Grice
Restitution for related but uncharged conduct does not violate ex post facto clause. 		Criminal Law and Procedure May 29, 2003
People v. Magee
Jury instructions which failed to instruct on elements of robbery were improper where defendant was convicted of being accessory to crime. 		Criminal Law and Procedure May 28, 2003
People v. Gotfried
Search warrant authorizing use of thermal imaging device to scan residence was issued without probable cause. 		Criminal Law and Procedure May 28, 2003
People v. Thuss
Fresh marijuana clippings in defendant's trash can outside his house furnished probable cause for search warrant of house. 		Criminal Law and Procedure May 28, 2003
People v. Gomez
Transferred intent instruction submitted to jury was not prejudicial error. 		Criminal Law and Procedure May 28, 2003
People v. Broughton
Penal Code Section 1381.5 does not apply to probationers who have not been sentenced because they are awaiting probation revocation hearing. 		Criminal Law and Procedure May 28, 2003
People v. Navarro
Defendant sentenced to life without possibility of parole under 'drive-by murder' special circumstance statute isn't subject to 'firearm discharge' enhancement. 		Criminal Law and Procedure May 27, 2003
People v. Ceja
Court did not err by taking issue of insanity away from jury. 		Criminal Law and Procedure May 21, 2003
People v. Frazer
Instruction which told jury that employee who isn't immediately handling stolen property may still be found to possess property was proper. 		Criminal Law and Procedure May 21, 2003
People v. Soiu
Court erred by refusing to place defendant in conditional release program without holding evidentiary hearing. 		Criminal Law and Procedure May 21, 2003
People v. Starr
Mentally disordered offender includes individual suffering from pedophilia. 		Criminal Law and Procedure May 21, 2003
People v. Burbine
Defendant who obtains reversal of one criminal count is not entitled to decreased aggregate prison term upon resentencing. 		Criminal Law and Procedure May 21, 2003
People v. Banuelos
Instruction permitting jury to find personal infliction of great bodily injury, where person who actually inflicted injury is unknown, was proper. 		Criminal Law and Procedure May 21, 2003
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