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Name Category Published
U.S. v. Ruiz
'Fast track' plea agreement may require defendant to waive right to receive impeachment evidence.
Criminal Law and Procedure Jun. 30, 2002
Kirk v. Louisiana
Police officers need either warrant or probable cause plus exigent circumstances to lawfully enter home.
Criminal Law and Procedure Jun. 30, 2002
State v. Schaffer
Prosthetic device can be 'dangerous instrument' within meaning of aggravated assault statute.
Criminal Law and Procedure Jun. 28, 2002
State v. Joachim
Magistrate's decision to return seized property does not preclude its admissibility in subsequent prosecution.
Criminal Law and Procedure Jun. 28, 2002
People v. Cooksey
Court is not required to instruct jury on lesser included offense that is not supported by facts in evidence.
Criminal Law and Procedure Jun. 26, 2002
People v. Gaut
Threats made by defendant, while incarcerated, can be unequivocal and immediate as to convey immediate prospect of execution.
Criminal Law and Procedure Jun. 26, 2002
People v. Superior Court (Jimenez)
Order
Criminal Law and Procedure Jun. 25, 2002
State v. Williams
State may not appeal sentence under Drug Offender Sentencing Alternative as matter of right.
Criminal Law and Procedure Jun. 25, 2002
State v. Tomaszychi
State may not appeal sentence under Drug Offender Sentencing Alternative as matter of right.
Criminal Law and Procedure Jun. 25, 2002
People v. White
Trial court did not err in admitting into evidence bloody shoes obtained in warrantless search.
Criminal Law and Procedure Jun. 25, 2002
People v. Riggs
Trial court must consider whether public safety can be assured before allowing removal of defendant from state hospital.
Criminal Law and Procedure Jun. 25, 2002
U.S. v. Ruiz
Defendant's right to receive undisclosed favorable evidence from prosecution cannot be waived through plea agreement.
Criminal Law and Procedure Jun. 24, 2002
People v. Storm
Order
Criminal Law and Procedure Jun. 24, 2002
State v. Hall
Defendant is guilty of incest with biological daughter whom he relinquished for adoption.
Criminal Law and Procedure Jun. 24, 2002
Carey v. Saffold
Deadline to file federal habeas petition is tolled during interval between denial of one state petition and filing of next one.
Criminal Law and Procedure Jun. 23, 2002
U.S. v. Drayton
Fourth Amendment does not require police to advise bus passengers of their right not to cooperate and to refuse consent to searches.
Criminal Law and Procedure Jun. 23, 2002
Horns v. Banks
Federal court must apply 'Teague' analysis independent of Antiterrorism and Effective Death Penalty Act when considering habeas petition.
Criminal Law and Procedure Jun. 23, 2002
In re Muhammed C.
Defendant who repeatedly refused to stop talking to suspect in police car is guilty of delaying police officer.
Criminal Law and Procedure Jun. 20, 2002
People v. Como
Instruction prohibiting jury from determining legal issues was proper.
Criminal Law and Procedure Jun. 20, 2002
People v. Hearn
Jury instruction which did not define 'major participant' during murder and robbery trial was not unconstitutionally vague.
Criminal Law and Procedure Jun. 20, 2002
People v. Nolan
Analysis of urine sample by ADX Abbott device is admissible as scientific evidence.
Criminal Law and Procedure Jun. 20, 2002
People v. Montaque
Court's refusal to instruct jury that it could request that testimony be read back did not violate defendant's right to fair trial.
Criminal Law and Procedure Jun. 20, 2002
People v. Espinoza
Conviction for lewd conduct on child is upheld despite erroneous exclusion of foster mother's testimony.
Criminal Law and Procedure Jun. 20, 2002
City of Bremerton v. Widell
Defendants may assert that invitations from fiancees were defense against charges of criminal trespass.
Criminal Law and Procedure Jun. 20, 2002
State v. DeVincentis
Evidence of prior sexual abuse is admissible even if common features are not unusual from typical abuse cases.
Criminal Law and Procedure Jun. 20, 2002
Bernal v. People
In determining whether out-of-court identification is admissible, trial court must use two-part analysis.
Criminal Law and Procedure Jun. 19, 2002
State v. Siddle
Separate convictions for drug possession and possession of deadly weapon are lawful.
Criminal Law and Procedure Jun. 19, 2002
People v. Johnson
When prosecution fails to charge defendant in alternative as required by statute, court errs in staying, rather than striking individual convictions.
Criminal Law and Procedure Jun. 18, 2002
Lile v. McKune
Inmate's participation in sexual offender rehabilitation program which would require disclosure of past crimes violates constitutional right against self-incrimination
Criminal Law and Procedure Jun. 18, 2002
U.S. v. Williams
District court erred in failing to consider value of collateral in calculating defendant's intended loss during fraudulent activity.
Criminal Law and Procedure Jun. 18, 2002