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Name Category Published
People v. Mora
Court errs by amending prisoner's sentence in his absence. 		Criminal Law and Procedure Oct. 1, 2002
People v. Johnson
Penal Code Section 288.5 precludes convictions on both continuous sexual abuse charge and individual sexual offenses. 		Criminal Law and Procedure Oct. 1, 2002
People v. Wilkinson
Statutory scheme that permits prosecutors arbitrarily to punish battery as either felony or misdemeanor violates equal protection requirement. 		Criminal Law and Procedure Oct. 1, 2002
People v. Washington
Defendant may be ordered to pay for extradition as cost of probation supervision. 		Criminal Law and Procedure Oct. 1, 2002
Virgle v. Superior Court (People)
Separate finding of probable cause is not required to order fingerprint exemplar where defendant's arrest was lawful. 		Criminal Law and Procedure Oct. 1, 2002
People v. Anderson
Duress is not defense to first-degree murder of innocent person and does not reduce murder to manslaughter. 		Criminal Law and Procedure Oct. 1, 2002
People v. Hurtado
Before defendant can be committed under Sexually Violent Predators Act, defendant must be likely to commit future predatory acts. 		Criminal Law and Procedure Oct. 1, 2002
People v. Mar
Requiring defendant to wear stun belt while testifying on own behalf constituted prejudicial error. 		Criminal Law and Procedure Oct. 1, 2002
Ryan D., a Minor
Juvenile's painting in which he is depicted shooting police officer in head doesn't constitute criminal threat. 		Criminal Law and Procedure Sep. 30, 2002
Liang v. Superior Court (People)
Court may vacate defendant's conditional plea requiring codefendants to plead guilty to receive lenient sentence when other codefendants withdrew their pleas. 		Criminal Law and Procedure Sep. 30, 2002
People v. Scott
Petition extending defendant's commitment as sexually violent predator does not require testimony of more than one expert witness. 		Criminal Law and Procedure Sep. 30, 2002
U.S. v. Almaraz
Predicate acts underlying continuing criminal enterprise are not limited to acts for which jury returned guilty verdicts. 		Criminal Law and Procedure Sep. 29, 2002
People v. Moses
Preponderance of the evidence standard is applicable to hearing for violation of probation condition. 		Criminal Law and Procedure Sep. 29, 2002
People v. Rivera
Sentence in aggravated range is appropriate where trial court considered circumstances for sentence enhancement. 		Criminal Law and Procedure Sep. 29, 2002
Woolsey v. Colorado Department of Corrections
Independent investigation of prison disciplinary charges must be done with two days of notice of charges. 		Criminal Law and Procedure Sep. 29, 2002
People v. Auman
Felony murder conviction is appropriate where defendant is in custody prior to murder. 		Criminal Law and Procedure Sep. 29, 2002
People v. Campbell
New trial is required where defendant is denied his right to counsel. 		Criminal Law and Procedure Sep. 29, 2002
People v. Benavidez
Maximum term of probation may not exceed term of incarceration authorized for offense. 		Criminal Law and Procedure Sep. 27, 2002
U.S. v. Johnson
Managers' and telemarketers' involved in conspiracy and mail fraud scheme defenses were not mutually antagonistic and did not warrant severance. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Todhunter
Suppression motion was properly denied when sailboat was lawfully boarded by officers and owner voluntarily consented to search of vessel. 		Criminal Law and Procedure Sep. 26, 2002
Hill v. State
Initial habeas petition challenging calculation of prisoner's release date does not qualify as 'second or successive' petition. 		Criminal Law and Procedure Sep. 26, 2002
Avila v. Galaza
Counsel's failure to investigate and introduce evidence that defendant's brother was the shooter constitutes ineffective assistance of counsel. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Hinostroza
Uncharged allegedly false statements were admissible to show defendant intended to unlawfully possess firearms. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Wiseman
Retroactive application of newly announced interpretation of federal statute is not barred on collateral review. 		Criminal Law and Procedure Sep. 26, 2002
Hill v. Roe
State has burden of showing state procedural rule has been regularly and consistently applied in habeas action. 		Criminal Law and Procedure Sep. 26, 2002
Avila v. Roe
District court must determine whether defendant made request for self-representation to delay trial. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Lott
Court's 'Apprendi' errors did not affect substantial rights of defendants. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Kim
Indictments of licensed pharmacists for illegal distribution of pseudoephedrine sufficiently set forth elements of crime. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Steele
District court did not abuse its discretion when it gave 'Allen' charge because it was neither premature or coercive. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Reano
Because government and district court failed to follow procedural requirements of Mandatory Victims' Restitution Act, restitution order is vacated. 		Criminal Law and Procedure Sep. 26, 2002
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