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Name Category Published
State v. Booker
Premeditation instruction requiring reflection regardless of length of time did not eliminate distinction between first and second-degree murder. 		Criminal Law and Procedure Sep. 23, 2002
State v. Kilgore
Trial court is not required to conduct evidentiary hearing before admitting evidence of 'other crimes.' 		Criminal Law and Procedure Sep. 23, 2002
Personal Restraint Petition of Fawcett
Defendant was not prejudiced by incorrect information regarding his minimum obligation to serve community placement. 		Criminal Law and Procedure Sep. 23, 2002
People v. Ashburn
Police were entitled to impound car for expired registration even though defendant had registered car day before. 		Criminal Law and Procedure Sep. 22, 2002
People v. Martinez
Special offender statute does not determine length of habitual offender sentence. 		Criminal Law and Procedure Sep. 22, 2002
People v. Bonilla-Garcia
Court of appeals lacked authority to stay or withdraw mandate once petition for certiorari is denied. 		Criminal Law and Procedure Sep. 22, 2002
People v. Ambos
Claims not included in initial postconviction motion are precluded by statute of limitations. 		Criminal Law and Procedure Sep. 22, 2002
U.S. v. Tucker
Search of parolee's home and computer based on tip from citizen-informant is reasonable under Fourth Amendment. 		Criminal Law and Procedure Sep. 22, 2002
People v. Triantos
Officer may arrest offender who commits petty offense in his presence and then release at his discretion. 		Criminal Law and Procedure Sep. 22, 2002
People v. Ranger Insurance Co.
Trial court prematurely entered summary judgment against bail bond surety before extended 180-day period expired. 		Criminal Law and Procedure Sep. 19, 2002
People v. Barber
Defendant must be retried because court conducted inadequate inquiry regarding possible juror misconduct. 		Criminal Law and Procedure Sep. 19, 2002
People v. Totari
Defendant may appeal denial of motion to vacate guilty plea when he was not advised of immigration consequences 13 years after imposition of judgment. 		Criminal Law and Procedure Sep. 18, 2002
Smith v. Santa Rosa Police Dept.
Lack of knowledge qualifies as mitigating circumstance where owner was unaware of driver's suspended license before loaning vehicle. 		Criminal Law and Procedure Sep. 17, 2002
People v. Herman
Soliciting minors to engage in lewd conduct does not constitute violation of criminal solicitation statute. 		Criminal Law and Procedure Sep. 17, 2002
US v. Reyna-Tapia
Delegation of Rule II plea colloquy to magistrate judge with defendants' consent is permissible under Federal Magistrates Act. 		Criminal Law and Procedure Sep. 17, 2002
Benny v. U.S. Parole Commission
Defendant who serves five years of parole without early termination hearing is not entitled to automatic termination. 		Criminal Law and Procedure Sep. 17, 2002
Reed v. Hannigan
Writ of habeas corpus by defendant who voluntarily pleaded guilty to indecent liberties with stepdaughter was properly denied. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Bravo
Border agents had reasonable suspicion to use hammer to open toolbox in bed of truck. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Yanez-Saucedo
Third-degree rape conviction constitutes aggravated felony sentencing enhancement under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Perez-Corona
Prior conviction for possession of stolen vehicle is not an aggravated felony and defendant is not subject to sentencing enhancement. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Zaragoza
When customs inspector briefly handcuffs individual during border detention, individual is not under arrest nor unreasonably detained for Fourth Amendment purposes. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Goldberg
District court abused its discretion by failing to base degree of departure determination on reasonable methodology hitched to U.S. Sentencing Guidelines. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Avery
Affidavit omitting confidential informant's lengthy criminal history that demonstrates informants reliability establishes probable cause. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Orellana-Blanco
Evidence that alien entered into sham marriage to evade immigration laws was improperly introduced at trial. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Concha
Court was authorized to consider prior foreign convictions to impose upward departure in sentence. 		Criminal Law and Procedure Sep. 17, 2002
Gometz v. U.S. Parole Commission
Parole Commission's Category 8 rating and imposition of minimum of 430 months sentence instead of 402 months is proper. 		Criminal Law and Procedure Sep. 17, 2002
People v. Superior Court (Turner)
Eligibility for probation for drug possession conviction requires five years of freedom from incarceration immediately preceding drug offense. 		Criminal Law and Procedure Sep. 17, 2002
State v. Read
Admission of opinion testimony to determine reasonableness of defendant's self-defense claim was not reversible error. 		Criminal Law and Procedure Sep. 17, 2002
State v. Wiggins
Conviction for unlawful possession of explosives requires showing that defendant possessed all components necessary to assemble explosive device. 		Criminal Law and Procedure Sep. 17, 2002
State v. King
Robbery and kidnapping convictions are reversed due to prejudicial jury instruction that permitted conviction based on foreseeable actions of co-conspirators. 		Criminal Law and Procedure Sep. 17, 2002
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