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Name Category Published
People v. Kipp
Court affirms death penalty where defendant was convicted of rape and murder of college coed.
Criminal Law and Procedure Nov. 28, 2001
People v. Valentine
Threatened 'hardship' is not form of 'duress' for crimes of forcible oral copulation and forcible penetration by foreign object.
Criminal Law and Procedure Nov. 27, 2001
State v. Spotted Elk
Admission of defendant's statements before Miranda warning was not harmless error.
Criminal Law and Procedure Nov. 26, 2001
State v. Wheeler
Prior convictions of persistent offenders need not be charged in information, submitted to jury or proved beyond reasonable doubt.
Criminal Law and Procedure Nov. 26, 2001
People v. Woodson
Provision extending waiting period before petitioner can apply for certificate of rehabilitation doesn't constitute punishment for purposes of ex post facto doctrine.
Criminal Law and Procedure Nov. 21, 2001
In re Adam P.
Golf cart is a means of transportation in juvenile theft case.
Criminal Law and Procedure Nov. 21, 2001
State v. Fields (Medina)
'Frye' hearing is not required to determine admissibility of expert testimony based on actuarial data regarding recidivism of sexually violent predators.
Criminal Law and Procedure Nov. 21, 2001
People v. Lugas
Order
Criminal Law and Procedure Nov. 21, 2001
People v. Woodson
Denying defendant's petition for certificate of rehabilitation under amended statute violates ex post facto prohibitions.
Criminal Law and Procedure Nov. 21, 2001
People v. McGraw
Defendant is entitled to hearing on amount of restitution recommended by prosecution.
Criminal Law and Procedure Nov. 20, 2001
Bell v. State of Oklahoma
Order
Criminal Law and Procedure Nov. 20, 2001
People v. Trujillo
Illegally obtained evidence may not be used to impeach statements of witnesses.
Criminal Law and Procedure Nov. 20, 2001
People v. Martin
Where criminal defendant was not intoxicated at time of waiver of Miranda rights, waiver was valid.
Criminal Law and Procedure Nov. 20, 2001
Warren v. Crabtree
Carrying firearm in connection with drug-trafficking crime may be classified as 'crime of violence,' and prevent sentence reduction.
Criminal Law and Procedure Nov. 20, 2001
State v. Navarro
Because defendant voluntarily accompanied officer, court does not err in admitting police photographs of defendant.
Criminal Law and Procedure Nov. 20, 2001
People v. Grant
Confession voluntary when parents waive right to be present at interrogation of juvenile.
Criminal Law and Procedure Nov. 20, 2001
People v. Lee
Trial court not required to instruct jury concerning sentence-mitigating factor.
Criminal Law and Procedure Nov. 20, 2001
People v. Boyd
Assertion of equal protection violation did not constitute proof of plain error.
Criminal Law and Procedure Nov. 20, 2001
People v. Pierrie
Possession with intent to distribute class II scheduled substance is class three felony.
Criminal Law and Procedure Nov. 20, 2001
US v. Clark
Order
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Oliver
Isolated comment during trial regarding defendant's exercise of Miranda rights was not prejudicial error.
Criminal Law and Procedure Nov. 19, 2001
State v. Dawley (Barraza)
Driver is in 'actual physical control' of vehicle if, based on totality of circumstances, use of vehicle presented danger to himself or others.
Criminal Law and Procedure Nov. 19, 2001
State v. Estrada
Eligibility for parole and drug treatment extends to defendants who possess paraphernalia.
Criminal Law and Procedure Nov. 19, 2001
State v. Mangan
Error in jury instruction regarding defendant's accomplice liability for drug offense was harmless.
Criminal Law and Procedure Nov. 19, 2001
Norgord v. State
Indecent exposure is sexual offense triggering victim's right to refuse defense interview.
Criminal Law and Procedure Nov. 19, 2001
Mitchell v. Gibson
Death sentence is reversed where prosecution withheld exculpatory evidence which could have led to different sentence.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Gonzalez
Defendant deserved increased sentence for using minor to pass counterfeit money even though she may have been unaware of age of accomplice.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Mendoza-Ortiz
U.S. Customs agents are required to obtain warrant to search warehouse where lumber containing contraband was ultimately delivered.
Criminal Law and Procedure Nov. 19, 2001
Miller v. Champion
Attorney was not ineffective when failure to advise defendant of elements of crime would not have changed plea.
Criminal Law and Procedure Nov. 19, 2001
Fisher v. Gibson
Habeas petitions were properly denied as untimely because equitable tolling was not warranted.
Criminal Law and Procedure Nov. 19, 2001