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Name Category Published
U.S. v. Mendoza
Defendant who sold false documents to illegal immigrants may have his sentence enhanced for preying on especially vulnerable victims.
Criminal Law and Procedure Nov. 19, 2001
People v. Frank
Trial court required to hold hearing to determine whether an inmate is entitled to earned-time credit.
Criminal Law and Procedure Nov. 19, 2001
People v. Koehler
Defendant does not have constitutional right to be sentenced by same judge who accepted his plea.
Criminal Law and Procedure Nov. 19, 2001
People v. Blankenship
Juvenile's statements to police admissible even though made outside presence of parent where juvenile was runaway.
Criminal Law and Procedure Nov. 19, 2001
People v. Stephenson
Colorado does not recognize crime of 'attempted felony murder.'
Criminal Law and Procedure Nov. 19, 2001
People v. Johnson
Conviction of criminal impersonation does not require act in addition to assumption of false identity.
Criminal Law and Procedure Nov. 19, 2001
People v. Kenny
Attorney's suspension from practice of law does not necessarily amount to ineffective assistance of counsel.
Criminal Law and Procedure Nov. 19, 2001
People v. Ramirez
Testimony of child witness that included inconsistencies was not 'incredible' as a matter of law.
Criminal Law and Procedure Nov. 19, 2001
People v. Ellis
Firing weapon into crowded house constitutes 'universal malice' for purposes of 'attempted extreme indifference murder.'
Criminal Law and Procedure Nov. 19, 2001
People v. Jurado
Improper jury instruction did not warrant reversal of conviction of sexual assault.
Criminal Law and Procedure Nov. 19, 2001
People v. Davalos
Restitution can only be ordered for acts that take place within the applicable statute of limitations.
Criminal Law and Procedure Nov. 19, 2001
Dubner v. City of San Francisco
Although identity of arresting officer remains unknown, claim for unlawful arrest based on lack of probable cause will go forward.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Price
Informant's out-of-court statements were admissible because defendant procured witness' unavailability.
Criminal Law and Procedure Nov. 19, 2001
Engberg v. State of Wyoming
Habeas petitioner's claims of error don't warrant federal habeas relief and his ineffective assistance of counsel claims are procedurally barred.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Orso
Confession is admissible even though it was made immediately following statements made without 'Miranda' warning.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Lomow
Among other things, in ordering restitution, court errs in refusing to offset assets and payments made to victim by other parties.
Criminal Law and Procedure Nov. 19, 2001
Martinez v. Klauser
Petition for habeas relief may proceed because of unclear state procedural rule.
Criminal Law and Procedure Nov. 19, 2001
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error.
Criminal Law and Procedure Nov. 18, 2001
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury.
Criminal Law and Procedure Nov. 18, 2001
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence.
Criminal Law and Procedure Nov. 18, 2001
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence.
Criminal Law and Procedure Nov. 18, 2001
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum.
Criminal Law and Procedure Nov. 18, 2001
People v. Lugas
Statutory amendment making issuance of certificate of rehabilitation discretionary, rather than mandatory, isn't ex post facto law.
Criminal Law and Procedure Nov. 15, 2001
State v. Bernal
Charge of homicide by controlled substance dismissed because state failed to show that victim died after ingesting drugs delivered by defendant.
Criminal Law and Procedure Nov. 15, 2001
State v. Osalde
Victim's testimony of psychological abuse adequately supports exceptional sentence for domestic violence involving prolonged pattern of abuse.
Criminal Law and Procedure Nov. 15, 2001
U.S. v. Macias
Order
Criminal Law and Procedure Nov. 15, 2001