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Name Category Published
U.S. v. Gill
In determining drug quantity for sentencing purposes, court should have used preponderance-of-evidence standard.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Mills
Statement that defendant was 'probably an old hippie' who smoked marijuana from juror who was neighbor of defendant wasn't prejudicial.
Criminal Law and Procedure Apr. 3, 2002
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit.
Criminal Law and Procedure Apr. 3, 2002
U. S. v. Male Juvenile (Pierre Y.)
Federal district court had criminal jurisdiction over Native American juvenile adjudged juvenile delinquent for committing burglaries.
Criminal Law and Procedure Apr. 3, 2002
People v. Lawley
Death-row inmate's sentence was improper as to conspiracy count since sentence already imposed for murder.
Criminal Law and Procedure Apr. 3, 2002
Marks v. Superior Court (People)
In death penalty cases, although habeas corpus counsel may make suggestions, appellate counsel has ultimate control of record correction process.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Watkins
Misbranding liability under Food, Drug, and Cosmetic Act requires proof of materiality under theories of intent to defraud or mislead.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Martin
Leadership enhancement applied to money laundering and mail fraud does not qualify as 'impermissible double counting.'
Criminal Law and Procedure Apr. 3, 2002
Robinson v. Solano County
Police officers are immune from federal claim they used excessive force in seizing at gunpoint unarmed man suspected of shooting dogs.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Khatami
'Corruptly persuades' language of statute encompasses non-coercive attempt to tamper with prospective witnesses.
Criminal Law and Procedure Apr. 3, 2002
People v. Willis
Court's failure to reseat new jury panel after finding defendant used peremptory challenges in racially biased manner constitutes prejudicial error.
Criminal Law and Procedure Apr. 3, 2002
State v. Rosas-Hernandez
Witness may invoke right against self-incrimination while petition for post-conviction relief is pending.
Criminal Law and Procedure Apr. 2, 2002
Arizona v. Flores
Without defendant's suppressed statements, there exists a lack of corpus delecti to maintain charge of narcotics sale
Criminal Law and Procedure Apr. 2, 2002
City of Los Angeles v. Superior Court (Davenport)
Whether defendant has shown good cause in 'Pitchess' motion should be tested by adversarial proceedings whenever possible.
Criminal Law and Procedure Apr. 2, 2002
People v. Hargrove
Trial court does not err in its instructions on prosecutor's theories of first-degree murder.
Criminal Law and Procedure Apr. 2, 2002
People v. Crossdale
Whether first-time offense for obtaining telephone services by fraud is felony or misdemeanor doesn't depend upon value of services stolen.
Criminal Law and Procedure Apr. 2, 2002
People v. Anderson
Order
Criminal Law and Procedure Apr. 2, 2002
People v. Cochran
Order
Criminal Law and Procedure Apr. 2, 2002
Mickens v. Taylor
Burden is upon defendant to show adverse performance of attorney where trial court failed to make reasonable inquiries regarding attorney's conflict of interest.
Criminal Law and Procedure Apr. 1, 2002
People v. White
Conviction for illegal discharge of firearm into car did not require that occupants of car be endangered.
Criminal Law and Procedure Mar. 28, 2002
U.S. v. Valencia-Amezcua
Defendant found blocking hidden drug lab in residence of known drug trafficker was lawfully arrested.
Criminal Law and Procedure Mar. 26, 2002
People v. Diaz
Substantial evidence supported juror's removal for refusing to deliberate.
Criminal Law and Procedure Mar. 26, 2002
People v. Lee
When statement identifying defendant as killer, is product of police coercion, it is prejudicial error to admit it.
Criminal Law and Procedure Mar. 26, 2002
U.S. v. Matthews
Circuit court will not limit district court's discretion to consider additional evidence when defendant's case is remanded for resentencing.
Criminal Law and Procedure Mar. 26, 2002
Peterson v. Lampert
Prisoner who failed to raise habeas issue in state supreme court defaulted claim in federal court.
Criminal Law and Procedure Mar. 26, 2002
Rodden v. Colorado State Penitentiary
County court shouldn't have conditioned appeal by indigent defendant on posting of cost bond.
Criminal Law and Procedure Mar. 25, 2002
U.S. v. Patzer
Evidence obtained after unlawful arrest, including verbal admissions and physical evidence from vehicle, should have been suppressed.
Criminal Law and Procedure Mar. 25, 2002
U.S. v. Gomez-Gonzalez
Incarceration imposed resulting from parole violation need not be submitted to a jury to satisfy 'Apprendi.'
Criminal Law and Procedure Mar. 25, 2002
U.S. v. Lincoln
Defendant convicted of stealing money orders may be required to pay restitution to U.S. Post Office.
Criminal Law and Procedure Mar. 25, 2002
Corjasso v. Ayers
Habeas petitioner is entitled to equitable tolling of statute of limitations where district court mishandled petition.
Criminal Law and Procedure Mar. 25, 2002