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Name Category Published
State v. Vasquez
Licensing department's findings regarding probable cause do not prevent trial court from revisiting issue.
Criminal Law and Procedure Nov. 30, 2001
State v. DeVries
Juvenile defendant denied right to present closing argument is entitled to new trial.
Criminal Law and Procedure Nov. 30, 2001
U.S. v. Hanson
Upward sentence departure for pre-meditated murder appropriate.
Criminal Law and Procedure Nov. 30, 2001
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error.
Criminal Law and Procedure Nov. 29, 2001
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Minjares-Alvarez
Among other things, suppression of defendant's statements made to federal agents isn't appropriate remedy for violation of Vienna Convention on Consular Relations.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Purdy
Statute which prosecutes 'unlawful users of controlled substances' survives vagueness challenge.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Smith
Completion of first step in process of manufacturing methamphetamine constituted substantial step and warranted imposing longer sentence.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Davis
Court did not depart downward based on defendant's diminished mental capacity because criminal history demonstrated need for incarceration to protect public.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Cannon
Storage rooms connected to guest house are within curtilage of main house and therefore are covered by search warrant.
Criminal Law and Procedure Nov. 29, 2001
Wixom v. State
Habeas petition is properly denied as untimely where prisoner did not file appeal until more than year after conclusion of direct review.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Bishop
Evidence admitted from illegal vehicle stop was not harmless error because it was principal basis for drug conspiracy conviction.
Criminal Law and Procedure Nov. 29, 2001
Welch v. Newland
Because prisoner's state habeas petition was pending, statute of limitations was tolled for filing of federal habeas petition.
Criminal Law and Procedure Nov. 29, 2001
Spears v. Stewart
Arizona's system for appointing counsel for indigent capital defendants in state post-conviction proceedings meets requirements for special habeas corpus procedures.
Criminal Law and Procedure Nov. 29, 2001
People v. Briscoe
Defendant's challenges to jury instructions and conviction of special circumstances murder under provocative act murder doctrine are without merit.
Criminal Law and Procedure Nov. 29, 2001
Summerlin v. Stewart
Habeas petitioner is entitled to evidentiary hearing on mental competency of trial judge, who allegedly used marijuana during trial and sentencing.
Criminal Law and Procedure Nov. 29, 2001
In re Robbie
Trial court abuses discretion in admitting expert testimony constituting improper profile evidence.
Criminal Law and Procedure Nov. 29, 2001
Phillips v. Woodford
Defendant sentenced to death is entitled to new hearing because prosecutor may have presented false testimony during trial.
Criminal Law and Procedure Nov. 29, 2001
People v. Belmudes
Attempted robbery conviction is not violent offense eligible for gang enhancement.
Criminal Law and Procedure Nov. 29, 2001
Tran v. Superior Court (People)
Court abuses discretion by denying ancillary funding on ground that defendant's counsel had adequate funds from fee agreement to pay for those services.
Criminal Law and Procedure Nov. 29, 2001
State v. Boyd
Native American defendants who committed crimes within reservation boundaries are subject to state court jurisdiction.
Criminal Law and Procedure Nov. 28, 2001
People v. Lujan
Inadequate 'Miranda' warning was harmless error because defendant voluntarily confessed and testified at trial; voluntary manslaughter instruction was not warranted.
Criminal Law and Procedure Nov. 28, 2001
People v. Garrett
Prior convictions for second-degree residential burglaries are still 'strikes' after passage of Proposition 21.
Criminal Law and Procedure Nov. 28, 2001
People v. Gutierrez
Court exceeds jurisdiction in allowing prosecution to file late, amended information alleging robbery conviction as prior strike and five-year enhancement.
Criminal Law and Procedure Nov. 28, 2001
People v. Cruz
Court's failure to properly administer juror oath does not require automatic reversal, and defendant failed to demonstrate prejudice.
Criminal Law and Procedure Nov. 28, 2001
People v. Barro
Dismissal of prior conviction under Penal Code Section 1385 precludes use of that conviction as 'strike.'
Criminal Law and Procedure Nov. 28, 2001
People v. Shadden
Defendant who moved victim nine feet to back room of video store is guilty of kidnapping to commit rape.
Criminal Law and Procedure Nov. 28, 2001
People v. Winters
Defendant's prior conviction for assault not involving deadly weapon or instrument does not qualify as serious felony under Three Strikes Law.
Criminal Law and Procedure Nov. 28, 2001
People v. Raviart
Although defendant pointed gun at only one officer, conviction for attempted assault on both officers is proper.
Criminal Law and Procedure Nov. 28, 2001
People v. Taylor
Mandatory 10-year sentence enhancement for using weapon during attempted robbery is not unconstitutional.
Criminal Law and Procedure Nov. 28, 2001