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Name Category Published
U.S. v. Toles
Incriminating statements given in courthouse restroom before defendants' arraignment were voluntary under Fifth Amendment.
Criminal Law and Procedure Sep. 26, 2002
People v. Maxwell
Order
Criminal Law and Procedure Sep. 26, 2002
U.S. v. Marshall
Court did not commit plain error in giving instruction concerning proof that firearm was knowingly possessed.
Criminal Law and Procedure Sep. 25, 2002
U.S. v. Liero
Because supervised release is not separate part or addition to sentence for original offense, sentence is constitutional under 'Apprendi v. New Jersey.'
Criminal Law and Procedure Sep. 25, 2002
U.S. v. Gastelum-Almeida
Defendant with no mental disorder who is angry at charges filed against him and potential sentence he faces is competent to stand trial.
Criminal Law and Procedure Sep. 25, 2002
U.S. v. Pena-Sarabia
Defendant convicted of drug offense may be eligible for sentencing 'safety valve' even though spouse possessed firearm.
Criminal Law and Procedure Sep. 25, 2002
Bullock v. Carver
Counsel's failure to challenge admissibility of child witness' testimony was objectively reasonable strategy.
Criminal Law and Procedure Sep. 25, 2002
Vigil v. Zavaras
Extraneous 'timing' evidence considered by jury did not substantially prejudice defendant.
Criminal Law and Procedure Sep. 25, 2002
State v. Willis
Expert testimony regarding propriety of interviewing techniques on children in sex abuse cases was properly excluded.
Criminal Law and Procedure Sep. 25, 2002
In re Alberto
Judge may not increase bail solely because judge believes first judge's bail determination was erroneous.
Criminal Law and Procedure Sep. 25, 2002
People v. McDermott
Defendant is properly sentenced to death for murder for financial gain where she hired killer to collect on her cohabitant's insurance policy.
Criminal Law and Procedure Sep. 24, 2002
People v. Calabrese
Fourth Amendment does not require suppression of evidence for officer's failure to display valid warrant.
Criminal Law and Procedure Sep. 24, 2002
People v. Bernal
Payment by defendant's insurance carrier does not satisfy defendant's restitution obligation under Penal Code Section 1202.4.
Criminal Law and Procedure Sep. 24, 2002
People v. Saldana
Uncorroborated anonymous tip is insufficient to justify search and seizure.
Criminal Law and Procedure Sep. 24, 2002
State v. Herrera
Defendant was not entitled to mistrial based on police officer's improper testimony regarding field sobriety test.
Criminal Law and Procedure Sep. 24, 2002
People v. Bailey
Gang registration requirement pursuant to Proposition 21 is not ex post facto law.
Criminal Law and Procedure Sep. 24, 2002
Brown v. Superior Court (People)
Periodic polygraph testing may be imposed as condition of probation.
Criminal Law and Procedure Sep. 24, 2002
People v. Johnson
When trial court sentences defendant to maximum term of imprisonment, it may condition grant of probation upon defendant's waiver of custody credits.
Criminal Law and Procedure Sep. 24, 2002
People v. Jones
Requirement that defendant register as sex offender following conviction for oral copulation with minor does not violate equal protection guarantee.
Criminal Law and Procedure Sep. 24, 2002
State v. Brooks
Assaults on two individuals during burglary did not constitute two distinct acts of first-degree burglary.
Criminal Law and Procedure Sep. 24, 2002
State v. Phelps
Trial court lacks statutory authority to extend statute of limitations.
Criminal Law and Procedure Sep. 24, 2002
State v. Thues
Prior conviction for possession of drug paraphernalia constitutes prior felony for sentence enhancement purposes.
Criminal Law and Procedure Sep. 24, 2002
State v. Helmer
Failure to register as sex offender is continuing offense eligible for greater punishment.
Criminal Law and Procedure Sep. 24, 2002
McQuillion v. Duncan
Prison board was required to find 'some evidence' before rescinding prisoner's parole date.
Criminal Law and Procedure Sep. 24, 2002
People v. Ovalle
Defendant's protection against double jeopardy is not violated when prosecuted prior to completing original sentence.
Criminal Law and Procedure Sep. 23, 2002
People v. Coit
Defendant's right to compel a witness to testify does not trump the right of the witness to avoid self-incrimination.
Criminal Law and Procedure Sep. 23, 2002
People v. Simpson
Juvenile charged as adult still entitled to special protections concerning waiver of constitutional rights.
Criminal Law and Procedure Sep. 23, 2002
People v. Medina
Trial court's failure to instruct jury on lesser included offense was harmless error.
Criminal Law and Procedure Sep. 23, 2002
People v. Martinez
Testimony of pediatrician relating to cause of baby's injuries prejudicial.
Criminal Law and Procedure Sep. 23, 2002
State v. Benenati
Court's imposition of sentence enhancements violated 'Apprendi.'
Criminal Law and Procedure Sep. 23, 2002