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Name Category Published
People v. Williams
Use of former assault jury instruction is reversible error due to incorrect requirement for mental state element.
Criminal Law and Procedure Sep. 19, 2001
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Sep. 19, 2001
U.S. v. Antonakeas
Defendant who fled country prior to sentencing has no grounds to challenge extradition.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Pirello
Two level sentence enhancement was warranted against defendant who used mass-marketing on Internet to commit wire fraud.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Hayden
Criminal defendant whose sentence reflects prior convictions is not entitled to recalculation of sentence after prior convictions are set aside.
Criminal Law and Procedure Sep. 18, 2001
Kulas v. Flores
Among other things, court did not improperly remove pro se plaintiff from courtroom because of disruptive behavior.
Criminal Law and Procedure Sep. 18, 2001
Allen v. Lewis
Prison transfer did not make it impossible for prisoner to file habeas petition during deadline.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Enas
Double jeopardy clause isn't breached by successive tribal and federal prosecution of nonmember Indian.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Rousseau
Felon's convictions for possession of firearms are affirmed because police properly seized them during his arrests.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. James
Denial of discovery on issue of selective prosecution of black crack cocaine dealers was proper because evidence did not show discriminatory effect.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Abonce-Barrera
Translated version of undercover tape recordings are admissible because defendant had opportunity to review tapes.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Ruiz
'Fair and just' standard applies to any motion for plea withdrawal that is made prior to defendant's sentencing.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Carrasco
Violation of speedy trial act did not occur when charge included in original indictment was reasserted in superseding indictment.
Criminal Law and Procedure Sep. 17, 2001
United States v. Trapp
Government did not breach plea agreement when it refused to recommend home detention after defendant was found ineligible.
Criminal Law and Procedure Sep. 17, 2001
In re Roe
Court erred by releasing defendant convicted of first-degree murder on bail pending resolution of his habeas corpus petition.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Hill
Indictment charging defendant with being accessory after the fact is insufficient as matter of law because it fails to plead underlying offense.
Criminal Law and Procedure Sep. 17, 2001
People v. Williams
Opinion
Criminal Law and Procedure Sep. 13, 2001
People v. Seaton
Death sentence is affirmed because defendant's contentions on appeal lacked merit or no harm was suffered from error.
Criminal Law and Procedure Sep. 12, 2001
People v. Superior Court (Gevorgyan)
Proposition 21 requires that juveniles be prosecuted by information following preliminary hearing, not by grand jury indictment.
Criminal Law and Procedure Sep. 12, 2001
People v. Brown
DNA evidence is admissible because scientists followed proper laboratory procedures.
Criminal Law and Procedure Sep. 12, 2001
People v. Tapia
When defendant's probation has expired, order finding him in violation is void and court doesn't have jurisdiction to extend probation term.
Criminal Law and Procedure Sep. 12, 2001
Martin v. People
Trial court incorrectly added period of parole to defendant's sentence because parole board has sole discretionary authority to determine defendant's parole eligibility.
Criminal Law and Procedure Sep. 11, 2001
People v. Sandoval
Order
Criminal Law and Procedure Sep. 11, 2001
People v. Hardacre
Sexually violent predator who failed to complete therapy or show that he was able to control his pedophilia was properly recommitted.
Criminal Law and Procedure Sep. 11, 2001
People v. Harrah
Order
Criminal Law and Procedure Sep. 11, 2001
People v. Gordon
Ceramic pieces of spark plug aren't burglar's tools within meaning of statute providing for possession of burglar's tools.
Criminal Law and Procedure Sep. 11, 2001
Anthony L. v. Superior Court (People)
Street Terrorism Enforcement and Prevention Act was intended to punish both felony and misdemeanor crimes committed in furtherance of criminal street gang.
Criminal Law and Procedure Sep. 11, 2001
People v. Thomas
No federal constitutional violation occurred where defense counsel waived defendant's state statutory right to jury trial on prior prison term allegations.
Criminal Law and Procedure Sep. 11, 2001
People v. Sengpadychith
Court erred when it failed to find specific felonies comprising gang's primary activities.
Criminal Law and Procedure Sep. 11, 2001
People v. Lewis
First-degree murder conviction upheld despite problems with testimony of primary witness.
Criminal Law and Procedure Sep. 11, 2001