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Name Category Published
U.S. v. Basalo
Court improperly departed downward eight levels from applicable sentencing guideline where no evidence existed that alleged government misconduct effected outcome of proceedings. 		Criminal Law and Procedure Oct. 4, 2001
U.S. v. Laskie
Conviction for being felon in possession of firearm is vacated where underlying conviction was 'set aside' by 'honorable discharge.' 		Criminal Law and Procedure Oct. 4, 2001
Frye v. Hickman
In non-capital case, prisoner is not entitled to counsel on habeas petition, and equitable tolling is not required where attorney missed filing deadline. 		Criminal Law and Procedure Oct. 4, 2001
People v.Smith
Trial court required to impose indeterminate sentence in case involving certain sex offenses. 		Criminal Law and Procedure Oct. 2, 2001
People v. Garcia
Provocation under second-degree murder statute is mitigating factor that prosecution must disprove, not separate lesser included offense. 		Criminal Law and Procedure Oct. 2, 2001
Vashone-Caruso v. Suthere
Calculation of good time must be considered in determining parole eligibility date. 		Criminal Law and Procedure Oct. 2, 2001
Keller v. People
Prosecutor may not withdraw from plea agreement when trial court properly reduces sentence pursuant to 'boot camp' statute. 		Criminal Law and Procedure Oct. 2, 2001
State v. Holmes
Police officers' belief that woman had apparent authority to grant consent to search alleged drug dealer's residence wasn't objectively reasonable. 		Criminal Law and Procedure Oct. 2, 2001
People v. Gonzales
Trial court authorized to order bond insurance company to refund bond premium where nonparty mistakenly required to post bond. 		Criminal Law and Procedure Oct. 1, 2001
State v. Wilson
Criminal case proceeds despite prosecutor's failure to secure interview between defense attorney and victim. 		Criminal Law and Procedure Oct. 1, 2001
In the Matter of 1996 Nissan Sentra
If criminal racketeering enterprise has ultimate goal of financial gain any property knowingly used to further criminal objective is subject to forfeiture. 		Criminal Law and Procedure Oct. 1, 2001
State v. Boyd
Conviction is reversed because defendant lacked notice that substance he ingested was dangerous illegal drug. 		Criminal Law and Procedure Oct. 1, 2001
State v. Bass
Defendant's challenge to admission and sufficiency of evidence are without merit, however court could not place him on lifetime probation. 		Criminal Law and Procedure Oct. 1, 2001
Steiger v. Woods
Attorney General did not have authority to use public funds to hire private counsel to represent officer in criminal case. 		Criminal Law and Procedure Sep. 25, 2001
State v. Ibanez
Juror with family history of alcoholism could not be fair and impartial in drunk driving trial. 		Criminal Law and Procedure Sep. 25, 2001
State v. Roman
Proposition mandating probation for drug possession doesn't mandate probation for promoting prison contraband, even when contraband consists of illegal drugs. 		Criminal Law and Procedure Sep. 25, 2001
Urs v. Maricopa County Attorney's Office
Reckless driving was jury-eligible offense at common law, and state constitution therefore guarantees offenders right to jury trial. 		Criminal Law and Procedure Sep. 25, 2001
State v. Hensley
Court doesn't err by refusing to revoke defendant's probation and impose prison term, however it incorrectly terminated probation as unsuccessful. 		Criminal Law and Procedure Sep. 25, 2001
People v. Gaitan
Conviction for possession of metal knuckles did not require proof of specific intent to commit further violent act. 		Criminal Law and Procedure Sep. 25, 2001
People v. Walsh
Territorial jurisdiction exists for crimes committed within 500 yards of prosecuting county. 		Criminal Law and Procedure Sep. 24, 2001
State v. Demery
Videotaped interview during which police accuse defendant of lying is not impermissible opinion testimony. 		Criminal Law and Procedure Sep. 24, 2001
State v. Goodman
Domestic abuse may be considered aggravating factor when sentencing for arson conviction. 		Criminal Law and Procedure Sep. 23, 2001
City of Seattle v. Patu
Where defendant himself invited instructional error by proposing constitutionally deficient jury instruction, court cannot grant relief. 		Criminal Law and Procedure Sep. 23, 2001
People v. Cervantes
Provocative act doctrine only requires the murder to be the proximate cause of death and natural and probable consequence of defendant's actions. 		Criminal Law and Procedure Sep. 20, 2001
State v. Hoggatt
Defendant's cohabitant's voluntary consent justified officer's warrantless entry into living room. 		Criminal Law and Procedure Sep. 20, 2001
State v. Neal
Laboratory drug report that fails to identify person from whom substance was received cannot be admitted as evidence. 		Criminal Law and Procedure Sep. 20, 2001
State v. Lansden
Search warrant issued to code inspector invalid for purpose of searching for evidence of crime. 		Criminal Law and Procedure Sep. 20, 2001
State v. Tili
Court properly imposed special sentence against defendant guilty of multiple penetrations during rape instead of sentence of three separate counts of rape. 		Criminal Law and Procedure Sep. 20, 2001
Personal Restraint Petition of Vazquez
Second personal restraint petition must be introduced on different grounds than original petition and must be brought for good cause. 		Criminal Law and Procedure Sep. 20, 2001
State v. Cho
Defendant may be entitled to new trial based on juror misconduct when juror failed to disclose material fact during voir dire. 		Criminal Law and Procedure Sep. 20, 2001
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