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Name Category Published
State v. Silva
Conviction reversed because pro se defendant wasn't informed of maximum possible sentence and therefore didn't validly waive right to counsel.
Criminal Law and Procedure Oct. 14, 2001
State v. O'Cain
Police dispatch regarding stolen car must be shown to be reliable to justify search.
Criminal Law and Procedure Oct. 14, 2001
Everett v. Abbey
Collateral estoppel is improper where defendant did not have opportunity to litigate issues of breach and duty in prior criminal proceeding.
Criminal Law and Procedure Oct. 14, 2001
In re Williams M.
Order
Criminal Law and Procedure Oct. 11, 2001
In re William
Amended statute requiring defendant to continue to register as a sex offender after rehabilitation doesn't violate ex post facto clause.
Criminal Law and Procedure Oct. 11, 2001
U.S. v. Holloway
All elements of robbery offense must be established in order to sustain conviction.
Criminal Law and Procedure Oct. 9, 2001
U.S. v. Trinidad-Aquino
Court properly declines to enhance defendant's sentence when previous state law conviction is not aggravated felony as defined by federal statute.
Criminal Law and Procedure Oct. 9, 2001
Canon v. Gibson
Death penalty affirmed for man who was involved in murder of 84-year old woman.
Criminal Law and Procedure Oct. 9, 2001
U.S. v. Buckland
Plain error found for sentence imposed in accordance with statute found by Supreme Court to be 'facially unconstitutional.'
Criminal Law and Procedure Oct. 9, 2001
People v. Leon
Testimony by defendant's interpreter regarding defendant's act of touching his crotch while his young victim testified was unduly prejudicial.
Criminal Law and Procedure Oct. 9, 2001
People v. American Contractors Indemnity Co.
Exoneration of bail bond is proper where clerk fails to comply with statutorily imposed notice provisions.
Criminal Law and Procedure Oct. 9, 2001
People v. Williams
Mental state for assault requires knowledge that defendant's act by its nature will probably and directly result in injuring another.
Criminal Law and Procedure Oct. 9, 2001
People v. Cervantes
Evidence of proximate cause was insufficient to support gang member's conviction for provocative act murder.
Criminal Law and Procedure Oct. 9, 2001
U.S. v. Luppi
Order
Criminal Law and Procedure Oct. 8, 2001
People v. Weaver
Death sentence is affirmed against defendant who murdered two people and committed rape because voices told him to commit crimes.
Criminal Law and Procedure Oct. 8, 2001
U.S. v. Bailey
Court retains jurisdiction over individual in violation of supervised release when hearing held within reasonable time after relapse term has expired.
Criminal Law and Procedure Oct. 8, 2001
U.S. v. Monroe
Court didn't err in applying criminal sexual abuse guideline in case where minor was abducted.
Criminal Law and Procedure Oct. 8, 2001
State v. Sepulveda
'Apprendi' does not apply retroactively to post-conviction proceedings in cases that have become final.
Criminal Law and Procedure Oct. 8, 2001
State v. Sierra-Cervantes
Although self-defense jury instruction was incorrect, it did not confuse or mislead jury and caused no fundamental error requiring reversal.
Criminal Law and Procedure Oct. 8, 2001
Moore v. Hargett
Order
Criminal Law and Procedure Oct. 7, 2001
Ortega v. Williams
Order
Criminal Law and Procedure Oct. 7, 2001
United States v. Jimenez
Defendant's sentence of 70 months in prison for illegal re-entry was not erroneous where defendant had committed prior aggravated felony.
Criminal Law and Procedure Oct. 7, 2001
U.S. v. Vasquez-Castillo
Port of entry safety inspector was within permissible scope of warrantless search when he searched hidden compartment in truck.
Criminal Law and Procedure Oct. 7, 2001
U.S. v. Alvarez-Pineda
District court abuses discretion in granting downward departure in defendant's sentence without sufficient basis in law or fact.
Criminal Law and Procedure Oct. 7, 2001
U.S. v. Recio
Court finds insufficient evidence of guilt of pre-seizure conspiracy where defendants' conduct reveals general guilt of post-seizure pick-up of contraband.
Criminal Law and Procedure Oct. 5, 2001
U.S. v. Castro-Hernandez
Use of child as decoy while smuggling drugs justifies upward adjustment under federal sentencing guidelines.
Criminal Law and Procedure Oct. 5, 2001
U.S. v. Lopez
Defendant isn't entitled to notice prior to sentencing that participation in mental health program would be condition of supervised release.
Criminal Law and Procedure Oct. 5, 2001
U.S. v. Taylor
Defendant is not guilty of disorderly conduct where incident in question was not public.
Criminal Law and Procedure Oct. 5, 2001
Garvin v. Farmon
Violation of defendant's rights in primary interrogation will not suppress subsequent valid confession.
Criminal Law and Procedure Oct. 4, 2001
U.S. v. Berry
Defendant's sentence was properly increased for being leader of enterprise to steal mail.
Criminal Law and Procedure Oct. 4, 2001