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Name Category Published
Close v. People
Defendant sentenced under crime of violence statute is entitled to abbreviated proportionality review. 		Criminal Law and Procedure Aug. 13, 2002
People v. Deroulet
Defendant sentenced under habitual criminal statute is entitled to an abbreviated proportionality review. 		Criminal Law and Procedure Aug. 13, 2002
Whitaker v. People
General assembly didn't intend to apply culpable mental state to quantity of drugs defendant distributed or manufactured. 		Criminal Law and Procedure Aug. 13, 2002
People v. Freeman
Defendant's right against self-incrimination was not violated by testimony of evaluating psychiatrist. 		Criminal Law and Procedure Aug. 13, 2002
People v. Wutzke
Defendant who lives with victims' grandmother as her husband and has grandfather relationship with victim is 'relative' for purposes of probation eligibility. 		Criminal Law and Procedure Aug. 12, 2002
People v. Powers
In criminal case, motion to reconsider order suppressing evidence must be filed within 10-day period for filing interlocutory appeal. 		Criminal Law and Procedure Aug. 12, 2002
Cannon v. State of Washington
Agency must show thermometer used to test blood alcohol level is certified before suspending motorist's license. 		Criminal Law and Procedure Aug. 9, 2002
U.S. v. Stokes
Search of probationer's car, as part of criminal investigation and based only on reasonable suspicion, does not violate Fourth Amendment. 		Criminal Law and Procedure Aug. 9, 2002
U.S. v. Rosales-Rodriguez
Court's pre-verdict communication with jury constituted constitutional and statutory violation which was harmless error beyond a reasonable doubt. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Brickey
Border inspector is properly convicted and sentenced for failing to report income from criminal activity on his federal income tax return. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Boyd
Court's judicial notice regarding decrease in narcotic quantity was improperly relied upon during sentencing. 		Criminal Law and Procedure Aug. 8, 2002
People v. Haghshenas
Defendant incarcerated in foreign jurisdiction for more than ninety days exempt from bond forfeiture. 		Criminal Law and Procedure Aug. 8, 2002
People v. Huynh
Court has no sua sponte duty to instruct on misdemeanor target offense supporting involuntary manslaughter verdict not requested by the prosecutor. 		Criminal Law and Procedure Aug. 8, 2002
People v. Williams
Jury's factual finding of defendant's prior strike is sufficient to support imposition of prior serious felony conviction enhancement based on same offense. 		Criminal Law and Procedure Aug. 8, 2002
Mancuso v. Olivarez
Prisoner is not entitled to habeas relief based on juror misconduct. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Hart
Proof of materiality is not required for crime of making false statement in application for U.S. passport. 		Criminal Law and Procedure Aug. 8, 2002
People v. Baker
Defendant who set fire to spouse is guilty of torture. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Jordan
Life sentence imposed on defendant convicted of methamphetamine-related offenses was in violation of 'Apprendi v. New Jersey.' 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Bishop
Defendants cannot use 'good faith reliance on accountant' defense in tax fraud cases if they fail to disclose pertinent facts to accountant. 		Criminal Law and Procedure Aug. 8, 2002
U.S, v. Ramirez-Encarnacion
Government made adequate showing of necessity for use of wiretaps during drug investigation. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. McGee
Sentence for using telephone to facilitate commission of felony improperly included term for each phone call. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Golyanski
District court abused its discretion in excluding Government's witness as discovery sanction. 		Criminal Law and Procedure Aug. 8, 2002
U.S. v. Hermanek
Wiretap and pager intercept evidence which is not properly sealed and recorded is admissible if government's mistake is objectively reasonable. 		Criminal Law and Procedure Aug. 7, 2002
Westerfield v. Superior Court (People)
As part of prosecution's discovery duties, prosecution must provide copies of computer and video images depicting child pornography to defense. 		Criminal Law and Procedure Aug. 7, 2002
People v. Crayton
Superior court's failure to readvise defendant to right to counsel does not automatically require reversal. 		Criminal Law and Procedure Aug. 7, 2002
People v. Farell
Statute requiring minimum county jail sentence as condition of probation for thefts of cash, also applies to thefts of trade secrets. 		Criminal Law and Procedure Aug. 7, 2002
People v. Cochran
Defendant who posted child pornography on Internet to trade with others is eligible for longer sentence. 		Criminal Law and Procedure Aug. 7, 2002
In re Walton
Extradition of fugitive with AIDS to serve remainder of 30-year-old robbery sentence is constitutional. 		Criminal Law and Procedure Aug. 7, 2002
People v. Mumm
Robbery conviction in Arizona counts as strike for sentencing for subsequent conviction in California. 		Criminal Law and Procedure Aug. 7, 2002
People v. Francis
When trial court finds severe mental disorder is not aggravating factor in commission of crime, defendant's mental state cannot be relitigated. 		Criminal Law and Procedure Aug. 7, 2002
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