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Name Category Published
City of Kent v. Beigh
Court correctly suppressed results of blood alcohol test where breath analysis failed because machine indicated 'interference detected.'
Criminal Law and Procedure Oct. 21, 2001
U.S. v. Lahue
Medicare Antikickback Act prohibts exchanging Medicare or Meidcaid referrals for purpose of knowingly and willfully obtaining payment.
Criminal Law and Procedure Oct. 19, 2001
People v. Wirsching
Where defendant is not informed as to mandatory period of parole, he must be allowed to withdraw his guilty plea.
Criminal Law and Procedure Oct. 19, 2001
Dike v. People
County court retains jurisdiction to reconsider order of dismissal of criminal case until time of filing appeal expires.
Criminal Law and Procedure Oct. 19, 2001
Dawson v. People
At providency hearing, trial court must advise defendant of possible sentence and parole, even when there is plea agreement with stipulated sentence.
Criminal Law and Procedure Oct. 19, 2001
Young v. People
At providency hearing, trial court must advise defendant of possible sentence and mandatory parole.
Criminal Law and Procedure Oct. 19, 2001
In re Bauer
Attorney in criminal contempt proceeding possesses a Sixth Amendment right to be present at hearing on charges.
Criminal Law and Procedure Oct. 19, 2001
Wildman v. Johnson
Habeas petition was properly dismissed because district court reasonably applied clearly established federal law.
Criminal Law and Procedure Oct. 19, 2001
Humphreys v. Gibson
Defense attorney's failure to present psychiatric evidence at sentencing did not prejudice defendant sentenced to death.
Criminal Law and Procedure Oct. 19, 2001
U.S. v. Garfinkle
Issues appellant reserved for review lacked merit, thus he didn't show that his counsel was ineffective for failing to raise these arguments.
Criminal Law and Procedure Oct. 19, 2001
State v. Seyrafi
City land ordinance is unconstitutional because it creates mandatory presumption of ownership.
Criminal Law and Procedure Oct. 17, 2001
U.S. v. Follet
Restitution order covering victim's past psychological services is invalid because victim did not incur costs.
Criminal Law and Procedure Oct. 17, 2001
In re the 2000-2001 District Grand Jury in and for the First Judicial District
Grand jury may release report of its findings where no indictment issues if report is in public's interest and complies with statutory requirements.
Criminal Law and Procedure Oct. 16, 2001
People v. Deroulet
Trial court not required to obtain explicit waiver of rights prior to habitual criminal conviction.
Criminal Law and Procedure Oct. 16, 2001
People v. Close
Jury instruction on complicity did not lessen prosecution's burden of proof.
Criminal Law and Procedure Oct. 16, 2001
People v. Cook
Defendant may not be convicted of both felony murder and the underlying felony.
Criminal Law and Procedure Oct. 16, 2001
People v. James
Whether prior conviction is serious felony strike is based on whether it was serious felony on date Prop. 21 became effective.
Criminal Law and Procedure Oct. 16, 2001
People v. Barker
Jury instruction allowing guilty verdict for murder based on finding of possession of stolen property and 'slight' corroborative evidence is harmless error.
Criminal Law and Procedure Oct. 16, 2001
McCracken v. Gibson
Defendant who fatally shot four people during robbery of pub is not entitled to habeas relief.
Criminal Law and Procedure Oct. 16, 2001
People v. Kaiser
Record doesn't support trial court's finding that defendant's waiver of 'Miranda' rights wasn't knowing and intelligent.
Criminal Law and Procedure Oct. 16, 2001
People v. Martinez
Supreme Court refuses to review determinations on questions of fact by member of death penalty sentencing panel.
Criminal Law and Procedure Oct. 15, 2001
People v. Scott
Claims that court erred in denying motion for self-representation and improperly imposed sentence for firearm-use enhancement are without merit.
Criminal Law and Procedure Oct. 15, 2001
People v. Andreotti
Trial court did not have authority to approve deferred entry of judgment absent motion by district attorney calling for such action.
Criminal Law and Procedure Oct. 15, 2001
People v. Fannin
Bicycle chain qualifies as 'slungshot' in violation of Dangerous Weapons Control Law.
Criminal Law and Procedure Oct. 15, 2001
People v. Morgan
Defense counsel has duty to determine whether prior out-of state convictions are strikes under California law before plea bargain.
Criminal Law and Procedure Oct. 15, 2001
People v. Gomez
Defendant's conviction is reversed due to prosecution's discriminatory use of peremptory challenge to exclude Hispanics from jury.
Criminal Law and Procedure Oct. 15, 2001
People v. Stevens
Trial court errs in directing defendant to report to specific parole office in another county upon his release from prison.
Criminal Law and Procedure Oct. 15, 2001
State v. Smith
No confrontation clause violation when state did not provide closed-circuit television for 'unavailable' child witness.
Criminal Law and Procedure Oct. 15, 2001
State v. Breazeale
Among other things, court has statutory authority to vacate conviction records dismissed pursuant to RCW 9.95.240.
Criminal Law and Procedure Oct. 15, 2001
State v. Ward
To establish felony violation of no-contact order, state doesn't have to prove that predicate assault wasn't first or second-degree assault.
Criminal Law and Procedure Oct. 15, 2001