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People v. Mooc
Appellate court faced with review of 'Pitchess' motion erred in requiring custodian to produce entire personnel record of officer in question.
Criminal Law and Procedure Feb. 14, 2002
Bennett v. Mueller
California Supreme Court's reliance on 'Clark' and 'Robbins' in denying habeas petition constitutes independent and adequate state ground, therefore, petition is procedurally barred.
Criminal Law and Procedure Feb. 13, 2002
U.S. v. Ramirez-Martinez
Attempting to transport and actual transport of undocumented alien are separate and distinct crimes, making indictment duplicitous.
Criminal Law and Procedure Feb. 13, 2002
U.S. v. Tieu
Jury instructions did not constitute unlawful constructive amendment of indictment for possession of firearm or ammunition.
Criminal Law and Procedure Feb. 13, 2002
In re Ramirez
Parole board that rejected defendant's application seven times is ordered to conduct another hearing.
Criminal Law and Procedure Feb. 13, 2002
State v. Wilkinson
Victims can recover restitution from defendant convicted of contracting without license.
Criminal Law and Procedure Feb. 13, 2002
Morris v. Woodford
Jury inquiry about potential deadlock demonstrated that ambiguity within instruction was not clarified.
Criminal Law and Procedure Feb. 12, 2002
People v. Vigil
Defendant's conviction for violating sex-offender registration law is upheld, but on-bail enhancement sentence must be stayed.
Criminal Law and Procedure Feb. 12, 2002
People v. Post
Unless deposition transcript is executed by deponent, the crime of perjury is not committed.
Criminal Law and Procedure Feb. 12, 2002
People v. Smith
Court correctly relies on public defender's representation that it was in defendant's best interest to waive jury trial on issue of competence.
Criminal Law and Procedure Feb. 12, 2002
Romley v. The Honorable Barry C. Schneider (Porras-Salazar)
Court order requiring victim to submit to fingerprint testing to identify victim as public defender's former client violates victim's rights.
Criminal Law and Procedure Feb. 11, 2002
People v. Eng
Administrative search by U.S. Coast Guard was not unreasonable and did not violate Fourth Amendment.
Criminal Law and Procedure Feb. 11, 2002
People v. Witty
Disqualification of district attorney does not violate separation of powers doctrine.
Criminal Law and Procedure Feb. 11, 2002
People v. Valencia
Order
Criminal Law and Procedure Feb. 10, 2002
People v. Hightower
Juror who believed it categorically impossible for person to kill his mother was properly replaced.
Criminal Law and Procedure Feb. 8, 2002
People v. Superior Court (Cheek)
Among other things, Civil Discovery Act applies in Sexually Violent Predator Act proceedings, thus deposition method of discovery is available.
Criminal Law and Procedure Feb. 8, 2002
People v. Merced
Court does not abuse discretion by excusing potential nullifying juror.
Criminal Law and Procedure Feb. 8, 2002
Mendez v. Robertson
Judge should have reviewed de novo peace officer's refusal to release criminal defendant on own recognizance.
Criminal Law and Procedure Feb. 6, 2002
Blake v. Schwartz (State of Arizona)
Statute permitting medical director, rather than defendant, to request release hearing is constitutional.
Criminal Law and Procedure Feb. 6, 2002
State v. Spreitz
Criminal defendant cannot raise issue of ineffective assistance of counsel on direct appeal.
Criminal Law and Procedure Feb. 6, 2002
People v. Zichwic
Court didn't err in denying motion to suppress evidence of defendant's location obtained from electronic tracking device attached to truck.
Criminal Law and Procedure Feb. 6, 2002
U.S. v. VanMeter
Bribery conviction based on evidence obtained from wiretaps is affirmed.
Criminal Law and Procedure Feb. 5, 2002
People v. Garcia
Mandatory parolee may be convicted of felony escape if he fails to abide by the restrictions of his parole.
Criminal Law and Procedure Feb. 4, 2002
U.S. v. Smart
Authorization to wiretap defendant's telephone conversations was valid despite reference to unenumerated offenses.
Criminal Law and Procedure Feb. 4, 2002
U.S. v. Caballero
Defendants convicted of defrauding immigrants fail to establish prosecutorial misconduct.
Criminal Law and Procedure Feb. 1, 2002
Burleson v. Saffle
Court is asked whether defendant may be convicted of multiple counts of using vehicle to facilitate shooting.
Criminal Law and Procedure Feb. 1, 2002
U.S. v. Farrow
Sentencing guideline amendment did not violate ex post facto clause.
Criminal Law and Procedure Feb. 1, 2002
Romano v. Gibson
Introducing testimony regarding death sentence prisoner's past sexual abuse of sister at sentencing is not ineffective assistance of counsel.
Criminal Law and Procedure Feb. 1, 2002
U.S. V. Schwartz
Under Antiterrorism and Effective Death Penalty Act, 'hypothetical prospect for relief' does not impair the finality of conviction.
Criminal Law and Procedure Feb. 1, 2002
U.S. v. Wiseman
Trial produced sufficient evidence that defendants embezzled from company's employee pension benefit plan.
Criminal Law and Procedure Feb. 1, 2002