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Name Category Published
People v. Cummins
Motion for postconviction relief must be filed within three years of initial sentencing date.
Criminal Law and Procedure Feb. 28, 2002
Manduley v. Superior Court (In re People)
Criminal law that permits prosecutor to choose sentencing scheme is unconstitutional.
Criminal Law and Procedure Feb. 27, 2002
People v. Vargas
Carjacking conviction is improper when defendant was unable to move car after gaining possession.
Criminal Law and Procedure Feb. 26, 2002
State v. Grimes
Federal tax deferral law does not preempt state theft law.
Criminal Law and Procedure Feb. 26, 2002
State v. C.M.C., a Minor
Crime of taking motor vehicle without permission does not require independent evidence of knowledge.
Criminal Law and Procedure Feb. 26, 2002
State v. Miller
Prosecutor's comment that defendant had tailored his testimony was not prejudicial.
Criminal Law and Procedure Feb. 26, 2002
State v. Norman
Washington state has jurisdiction to prosecute crimes committed between 49th parallel and international boundary.
Criminal Law and Procedure Feb. 26, 2002
State v. Westling
Defendant who set single fire causing damage to three cars should not have been convicted of three counts of arson.
Criminal Law and Procedure Feb. 26, 2002
Caro v. Woodford
Death sentence of defendant with brain damage was properly vacated.
Criminal Law and Procedure Feb. 25, 2002
U.S. v. Lualemaga
Violation of right to notice under the Interstate Agreement on Detainers Act does not entitle defendant to dismissal of indictment.
Criminal Law and Procedure Feb. 25, 2002
Nelson v. Prunty
Prison officials erred in allowing inmate to assign future veteran's benefits to repay prison, but they are entitled to qualified immunity.
Criminal Law and Procedure Feb. 22, 2002
Murphy v. Hood
Inmate deemed flight risk due to previous escape may be denied completion of drug treatment program permitting early release.
Criminal Law and Procedure Feb. 22, 2002
Jiminez v. Rice
Federal habeas petition is rejected for failure to exhaust remedies.
Criminal Law and Procedure Feb. 22, 2002
U.S. v. Amador-Leal
Immigration consequences of illegal alien pleading guilty are collateral consequences, not direct consequences of guilty plea.
Criminal Law and Procedure Feb. 22, 2002
People v. King
Charge of lewd conduct with minor cannot be refiled after dismissal of charge was affirmed on appeal.
Criminal Law and Procedure Feb. 21, 2002
People v. Crossdale
When amount of loss is less than $400, first conviction of obtaining telephone services by fraud is misdemeanor.
Criminal Law and Procedure Feb. 21, 2002
Hain v. Gibson
Sufficient evidence of heinous crimes supports defendant's convictions and death penalty sentence.
Criminal Law and Procedure Feb. 21, 2002
State v. Cardwell
Search warrant was valid despite having been altered by police detective for type of drug sought.
Criminal Law and Procedure Feb. 21, 2002
State v. Moen
Prosecutor's refusal to plea bargain with defendant who sought name of informant did not violate right to fair trial.
Criminal Law and Procedure Feb. 21, 2002
State v. Kypreos
Defendant charged with possessing firearm discovered from warrantless search of friend's trailer may have standing to challenge search.
Criminal Law and Procedure Feb. 21, 2002
People v. Viramontes
Trial of defendant accused of fatal shooting at party should have included instruction on imperfect self-defense.
Criminal Law and Procedure Feb. 21, 2002
People v. Dang
Trial court did not err in permitting defendant's former attorney to testify about his threats against witnesses.
Criminal Law and Procedure Feb. 21, 2002
People v. Roberto V.
Testimony of mother regarding statements of four-year-old alleged victim should not have been admitted during trial.
Criminal Law and Procedure Feb. 21, 2002
People v. Wilson
Courts have discretion to strike enhancement for use of accelerant in arson cases.
Criminal Law and Procedure Feb. 21, 2002
Burns v. Nature's Best
Business accused of secretly recording telephone conversation is entitled to new criminal trial.
Criminal Law and Procedure Feb. 21, 2002
People v. Sotello
Retrial on issue of prior strike is not barred when finding of true is unsupported by substanial evidence.
Criminal Law and Procedure Feb. 21, 2002
People v. Cox
Defendant willfully fails to register as sex offender because he had knowledge of registration requirement but forgot to do so.
Criminal Law and Procedure Feb. 21, 2002
People v. Bunn
Refiling provisions of child molestation law, which allow government to refile previously dismissed charges against defendant, don't violate separation of powers principles.
Criminal Law and Procedure Feb. 21, 2002
People v. Martinez
Evidence of prior sexual assaults is admissible to establish pattern or scheme to commit subsequent assault.
Criminal Law and Procedure Feb. 20, 2002
People v. Duke
Defendant terminated from community corrections is not entitled to counsel at resentencing proceeding.
Criminal Law and Procedure Feb. 20, 2002