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Name Category Published
People v. Wiley
Trial court did not err in admitting evidence where defendant consented to search.
Criminal Law and Procedure Dec. 10, 2001
U.S. v. Knights
Warrantless search supported by reasonable suspicion and permitted by probation condition does not violate Fourth Amendment.
Criminal Law and Procedure Dec. 10, 2001
U.S. v. Knights
Probation searches must be conducted for probation purposes only, not as part of separate criminal investigation.
Criminal Law and Procedure Dec. 10, 2001
People v. Fennell
Right to speedy trial not violated where defendant was not convicted after a trial.
Criminal Law and Procedure Dec. 10, 2001
In re Phelps
Law prohibiting fraud against homeowner facing foreclosure does not apply when owner does not reside in home.
Criminal Law and Procedure Dec. 10, 2001
People v. Fox
Because defendant's prior Oregon conviction is a lewd and lascivious act regardless of intent, it constitutes a strike under California law.
Criminal Law and Procedure Dec. 10, 2001
Wooten v. Superior Court (People)
Pimping and pandering charges are set aside where there was no prostitution, which requires bodily contact between prostitute and customer.
Criminal Law and Procedure Dec. 10, 2001
People v. Renteria
When alternate juror is seated after deliberations have begun, court must instruct jury to begin deliberations anew.
Criminal Law and Procedure Dec. 10, 2001
In re DeLong
Defendant found guilty but sentenced after drug probation initiative's effective date is convicted after effective date, and comes within ambit of proposition.
Criminal Law and Procedure Dec. 10, 2001
People v. Rugamas
Court ordered restitution, imposed for reformation and rehabilitation, is authorized by statute.
Criminal Law and Procedure Dec. 10, 2001
People v. Bianco
Court acted within its discretion in imposing probation condition prohibiting defendant, who obtained recommendation for medicinal marijuana, from using or possessing marijuana.
Criminal Law and Procedure Dec. 10, 2001
People v. Acevedo
Court prejudicially erred in precluding cross-examination about partition ratio used to convert urine-alcohol measurement into blood-alcohol equivalent.
Criminal Law and Procedure Dec. 10, 2001
State v. Armstrong
Defendant who violated plea agreement cannot withdraw guilty plea, and state may file additional charges.
Criminal Law and Procedure Dec. 10, 2001
People v. McPherson
Resentencing of defendant to department of corrections after rejection of community corrections did not violate due process.
Criminal Law and Procedure Dec. 9, 2001
People v. Mancebo
Order
Criminal Law and Procedure Dec. 6, 2001
People v. Medina
Order
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Michaud
Police didn't initiate questioning after defendant invoked her right to counsel, therefore suppression motion was properly denied.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Adelzo-Gonzalez
Court abused its discretion by failing to make adequate inquiry into defendant's requests to substitute counsel.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Severino
Sentence of drug offender may be enhanced based on prior drug felony convictions so long as prosecution files information with court.
Criminal Law and Procedure Dec. 6, 2001
Ainsworth v. Woodford
Defendant, whose attorney failed to investigate and present mitigating evidence at penalty phase of trial, received ineffective assistance.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Hannah
Court did not provide adequate explanation for three level upward departure in defendant's sentence.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Summers
Fourth Amendment was not violated by voluntary police stop, jury instructions were not confusing, and Armed Career Criminal Act is facially constitutional.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Chavez- Valenzuela
Fourth Amendment violation is found when driver's nervousness was not sufficient factor for reasonable suspicion to warrant officer's request of vehicle search.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Adams
Trial court did not err by excluding expert testimony that merely vouched for credibility of another witness.
Criminal Law and Procedure Dec. 4, 2001
US v. Sherwin
Patrol car door qualifies as dangerous weapon for purposes of applying sentencing guidelines of aggravated assault offense.
Criminal Law and Procedure Dec. 4, 2001
U.S. v. Williams
Nervousness of driver and discrepancy of car rental papers justified search of automobile.
Criminal Law and Procedure Dec. 4, 2001
State v. Fire
Defendant was not prejudiced when required to use peremptory challenge to excuse juror who should have been dismissed for cause.
Criminal Law and Procedure Dec. 4, 2001
People v. Mabini
Testimony of child with whom defendant committed similar acts of child molestation was sufficient to corroborate victim's testimony.
Criminal Law and Procedure Dec. 3, 2001
State v. Rasmussen
Defendant sentenced for four offenses on same day should have received concurrent sentences.
Criminal Law and Procedure Nov. 30, 2001