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Name Category Published
Garcetti v. Superior Court (In re Marentez)
Statistical evidence regarding defendant's likelihood of committing sexually violent acts is sufficient to hold over defendant for trial. 		Criminal Law and Procedure Nov. 24, 2002
Williams v. Woodford
Court lacks jurisdiction to consider defendant's motion for relief from judgment under Federal Rules of Civil Procedure 60(b). 		Criminal Law and Procedure Nov. 24, 2002
People v. Clavel
Informal letter to trial court alleging sentencing error does not meet formal motion requirement of Penal Code Section 1237.1. 		Criminal Law and Procedure Nov. 19, 2002
People v. El
Harmless error analysis applies where defendant was unrepresented during prosecutor's opening argument. 		Criminal Law and Procedure Nov. 19, 2002
People v. Torres
Defendant cannot be convicted of both continuous sexual abuse and specific sexual offenses that occurred in same period. 		Criminal Law and Procedure Nov. 19, 2002
Valerio v. Crawford
Penalty phase jury instruction which addressed aggravating circumstance constituted reversible error. 		Criminal Law and Procedure Nov. 19, 2002
People v. Ramirez
Waiver of custody credits isn't unreasonable condition of probation in all cases where it may lead to incarceration beyond maximum term. 		Criminal Law and Procedure Nov. 14, 2002
Early v. Packer
Federal appellate court exceeded authority in habeas case in finding trial court coerced jury's verdict. 		Criminal Law and Procedure Nov. 12, 2002
Woodford v. Visciotti
Federal court exceeded authority by finding that state court unreasonably denied habeas relief to prisoner. 		Criminal Law and Procedure Nov. 12, 2002
Allen v. Roe
Officer reasonably believed gun posed serious threat of harm to public when discarded in public place and 'Miranda' is not required. 		Criminal Law and Procedure Nov. 12, 2002
Henderson v. City of Simi Valley
Police officers did not violate mother's constitutional rights by standing between her and minor daughter in effort to keep peace. 		Criminal Law and Procedure Nov. 12, 2002
U.S. v. Arellano-Torres
Offense of simple drug possession is aggravated felony under federal sentencing laws. 		Criminal Law and Procedure Nov. 11, 2002
Duran v. Castro
Prisoner convicted of simple possession of heroin and sentenced to 25 years to life because of prior kidnapping convictions is granted habeas relief. 		Criminal Law and Procedure Nov. 11, 2002
Ford v. Hubbard
Court's failure to inform defendant about its inability to stay mixed habeas claims constitutes prejudicial error. 		Criminal Law and Procedure Nov. 11, 2002
Beaty v. Stewart
Evidentiary hearing is necessary to determine reasonableness of prisoner's asserted belief that his statements to prison psychiatrist were protected by confidentiality agreement. 		Criminal Law and Procedure Nov. 10, 2002
People v. Gnass
Grand jury instruction resulted in wrongful indictment against city of Waterford attorney. 		Criminal Law and Procedure Nov. 10, 2002
U.S. Yoshida
Defendant illegally brought aliens into U.S for financial gain where she guided them onto an airplane without speaking. 		Criminal Law and Procedure Nov. 10, 2002
Lott v. Mueller
Deadline to file habeas petition may be tolled during period in which prisoner lacked access to legal files. 		Criminal Law and Procedure Nov. 10, 2002
U.S. v. Bell
Defendant who harassed and threatened IRS employees was properly convicted and sentenced for interstate stalking. 		Criminal Law and Procedure Nov. 10, 2002
People v. Rae
Trial court properly refused to give unanimity instruction where defendant is engaged in continuous wrongful conduct. 		Criminal Law and Procedure Nov. 10, 2002
Benson v. Terhune
Jail staffs administration of prescription medications requested by defendant did not violate due process. 		Criminal Law and Procedure Nov. 7, 2002
U.S. v. Proffit
Court upholds sentence enhancement base on more than minimal planning, but not based on vulnerable victim status. 		Criminal Law and Procedure Nov. 6, 2002
U.S. v. Ramirez
Court denied defendant's motion requesting competency evaluation on improper grounds. 		Criminal Law and Procedure Nov. 6, 2002
People v. Malfavon
Child abuse homicide is not lesser included offense within charge of murder. 		Criminal Law and Procedure Nov. 6, 2002
People v. Armstead
Court's comments on testimony in response to jury's question improperly changed scope of evidence. 		Criminal Law and Procedure Nov. 6, 2002
U.S. v. Holloway
Defendant whose conviction for armed bank robbery is reversed cannot later be charged with violating Hobbs Act. 		Criminal Law and Procedure Nov. 5, 2002
Opinion of Lockyer
Driver is not required to cover aggregate material that does not extend beyond upper edge of vehicle's cargo area. 		Criminal Law and Procedure Nov. 1, 2002
U.S. v. Larson
Evidentiary hearing is warranted where defendant may not have knowingly and intelligently understood consequences that stipulation would have on appeal rights. 		Criminal Law and Procedure Oct. 29, 2002
Greene v. Henry
Defense counsel's failure to put on witnesses to impeach victim did not constitute prejudicial error. 		Criminal Law and Procedure Oct. 29, 2002
U.S. v. Quach
Sentence is vacated because government failed to determine whether defendant provided substantial assistance to warrant Section 5K1.1 motion. 		Criminal Law and Procedure Oct. 29, 2002
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