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Name Category Published
People v. White
Granting motion to suppress was improper when officer lawfully detained defendant for obscured rear license plate.
Criminal Law and Procedure Dec. 18, 2001
People v. Rhoades
Judge's absence while testimony was read to deliberating jurors did not violate defendant's right to fair trial.
Criminal Law and Procedure Dec. 18, 2001
U.S. v. Callarman
Traffic stops may properly be based on reasonable articulable suspicion rather than probable cause.
Criminal Law and Procedure Dec. 18, 2001
Personal Restraint Petition of Stoudmire
Defendant may not withdraw plea of guilty even though plea form failed to inform him of mandatory community placement.
Criminal Law and Procedure Dec. 18, 2001
In re Caswell
Parole board was authorized to rescind parole based on 'some evidence' that earlier panel had improperly granted parole.
Criminal Law and Procedure Dec. 18, 2001
In re Christie
Trial court's statement of reasons for setting bail at 10 times amount specified in bail schedule must state specific grounds for decision.
Criminal Law and Procedure Dec. 18, 2001
U.S. v. Basham
Search warrant is valid despite issuing magistrate's failure to inquire what method will be employed when executing warrant.
Criminal Law and Procedure Dec. 18, 2001
U.S. v. Portillo-Mendoza
Defendant's prior conviction wasn't aggravated felony as defined by federal statute, therefore court erred in applying aggravated felony enhancement.
Criminal Law and Procedure Dec. 17, 2001
People v. Far West Insurance Co.
Bail of defendant mistakenly released while in custody in different jurisdiction is exonerated.
Criminal Law and Procedure Dec. 17, 2001
People v. Gofman
State indictment for alleged conspiracy was properly dismissed since factual basis in federal indictment was similar.
Criminal Law and Procedure Dec. 17, 2001
Justin S., a Minor
Condition of juvenile's probation, which ordered blanket prohibition on association with gang members, is unconstitutionally overbroad.
Criminal Law and Procedure Dec. 17, 2001
U.S. v. Mitchell
Applications for wiretaps met the 'necessity requirement' and appellants did not prove denials of motions to suppress were clearly erroneous.
Criminal Law and Procedure Dec. 17, 2001
U.S. v. Gonzalez-Torres
Alien's convictions for illegally entering United States must be reversed because he did not enter free from official restraint.
Criminal Law and Procedure Dec. 16, 2001
U.S. v. Hernandez-Herrera
Where alien is not under constant surveillance upon crossing U.S. border, there is no official restraint and there is illegal entry.
Criminal Law and Procedure Dec. 16, 2001
U.S. v. Blackmon
Application for wiretap fails to survive challenge of specificity due to material misstatements and omissions.
Criminal Law and Procedure Dec. 16, 2001
Huizar v. Carey
Habeas petition submitted to prison authorities for mailing is timely even though court never received it.
Criminal Law and Procedure Dec. 14, 2001
US v. DeLuca
To suppress evidence, passenger of illegally detained vehicle must show factual nexus between illegality and challenged evidence.
Criminal Law and Procedure Dec. 13, 2001
James v. Pliler
District court must advise defendant of right to amend habeas petition to delete claims that have not been exhausted in state court.
Criminal Law and Procedure Dec. 13, 2001
Toles v. Gibson
Court rejects constitutional challenges, where defendant receives two death sentences for murder of father and son.
Criminal Law and Procedure Dec. 13, 2001
U.S. v. Urcino-Sotello
Court has discretion to impose consecutive or concurrent sentences in cases of supervised release violations.
Criminal Law and Procedure Dec. 13, 2001
U.S. v. Bushyhead
FBI agent shouldn't have been allowed to testify as to what defendant said when he invoked his right to silence.
Criminal Law and Procedure Dec. 13, 2001
U.S. v. Walters
Criminal defendant was entitled to ruling on motion for reduced sentence due to victim's conduct.
Criminal Law and Procedure Dec. 13, 2001
Mayfield v. Woodford
Ineffective assistance of counsel at penalty phase of capital case may have affected jury's decision and warrants new sentencing proceeding.
Criminal Law and Procedure Dec. 13, 2001
Herreweghe v. State of Arizona
Felony DUI defendant's constitutional and statutory right to a reasonable opportunity to gather exculpatory evanescent evidence doesn't require his immediate release on bail.
Criminal Law and Procedure Dec. 12, 2001
State v. Cuble
Conviction for firearms possession reversed because of defective jury instructions.
Criminal Law and Procedure Dec. 11, 2001
U.S. v. Highsmith
Sentence enhancement for possession of weapon was not justified where evidence was insufficient to prove defendant's knowledge of its presence.
Criminal Law and Procedure Dec. 11, 2001
Gunderson v. Hood
Bureau of Prisons Program statement may be applied to deny early release to prisoner who participates in drug rehabilitation program.
Criminal Law and Procedure Dec. 11, 2001
State v. Fisher
Issuance of bench warrant for defendant who violated condition of release does not require showing of probable cause.
Criminal Law and Procedure Dec. 11, 2001
People v. Lawrence
Statements made to wildlife officers during non-custodial interview admissible in trial on wildlife destruction charges.
Criminal Law and Procedure Dec. 10, 2001
Thomas v. Hubbard
Several serious trial errors violated defendant's right to due process.
Criminal Law and Procedure Dec. 10, 2001