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Name Category Published
People v. Collins
Waiver of jury trial obtained by court's assurance of an unspecified benefit isn't valid waiver. 		Criminal Law and Procedure Sep. 11, 2001
People v. Ochoa
Death penalty sentence stands for defendant convicted of multiple counts of first degree murder committed during robbery. 		Criminal Law and Procedure Sep. 11, 2001
People v. Vargas
Defendant's numerous challenges to sentence for conspiracy and murder are without merit. 		Criminal Law and Procedure Sep. 11, 2001
People v. Saiz
Trial court acted within discretion, concluding purpose of videotaped statements had been accomplished through cross-examination of detective who took original statement. 		Criminal Law and Procedure Sep. 11, 2001
Johnson v. Gibson
Order 		Criminal Law and Procedure Sep. 10, 2001
Daniels v. U.S.
Petitioner's request for permission to file successive habeas petition is denied because claim fails 'Teague' inquiry. 		Criminal Law and Procedure Sep. 10, 2001
Murtishaw v. Woodford
Death sentence reversed because court gave erroneous jury instruction that resulted in ex post facto violation. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Riggans
Failure to instruct jury on crime element didn't affect trial's fairness and court correctly decided that bank larceny was crime of violence. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Najjor
Court errs in failing to consider all evidence in calculating amount of restitution owed to bank. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Barrios-Gutierrez
At plea colloquy, court need only give notice of maximum possible penalty provided by law, and not defendant's actual maximum sentence. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Cernobyl
Sentence for drug possession may not be based on quantities not alleged in indictment and proved beyond reasonable doubt. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Rodriguez-Cruz
Defendant convicted of smuggling aliens deserves greater sentence when alien froze to death during rare mountain snowstorm. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Tan
Defendant's seven prior drunk-driving convictions are properly offered to prove malice element of second-degree murder charge. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Sar-Avi
Although plea agreement did not prohibit defendant's request for return of forfeited bond, request was properly denied in light of defendant's 'chutzpah.' 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Jordan
Defendant must be resentenced because disproportionate impact of enhancements requires proof by clear and convincing evidence. 		Criminal Law and Procedure Sep. 10, 2001
Moore v. Marr
Individual convicted of first-degree assault is denied habeas relief based on ineffective assistance of counsel. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Murillo
Evidence of defendant's car rental history admissible to show knowledge that drugs were hidden in car. 		Criminal Law and Procedure Sep. 10, 2001
U.S. v. Sullivan
Applying amended sentencing guidelines to defendant's offenses committed before amendment violates ex post facto clause. 		Criminal Law and Procedure Sep. 10, 2001
Arizona v. Olcavage (Adair)
Phlebotomists are qualified to draw blood without doctor supervision for DUI purposes. 		Criminal Law and Procedure Sep. 10, 2001
State v. Gross
Statute is unconstitutional, insofar as it allows trial court, rather than jury, to determine defendant's release status for purposes of increasing sentence. 		Criminal Law and Procedure Sep. 10, 2001
Juvenile Male v. The Commonwealth of the Northern Mariana Islands
Juvenile transfer statute vesting broad discretionary decision-making power in transfer judge isn't unconstitutionally vague. 		Criminal Law and Procedure Sep. 9, 2001
Cooper v. Calderon
First-degree murder conviction stands despite defense attorney's failure to request jury instruction on second-degree murder. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Holder
Evidence supports jury's finding that defendant killed landowner while owner was assisting federal employee who was engaged in performing official duties. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Sullivan
Amended sentencing guidelines do not violate ex post facto clause. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Walter
Court should have granted evidentiary hearing regarding defendant's history of childhood abuse, as abuse may warrant downward departure in sentencing. 		Criminal Law and Procedure Sep. 9, 2001
People v. Truong
Sentence enhancement for person convicted of inflicting great bodily injury on any person under circumstances involving domestic violence is not unconstitutional. 		Criminal Law and Procedure Sep. 9, 2001
U.S. v. Johnson
Discovery by police of marijuana growing in mushroom shed was not admissible because officers did not have probable cause to enter property. 		Criminal Law and Procedure Sep. 9, 2001
People v. Trevino
Offender's age at time of prior offense is not relevant for purposes of sentencing under prior-murder special circumstance rule. 		Criminal Law and Procedure Sep. 9, 2001
German v. Superior Court (People)
Double jeopardy prohibits retrial for conspiracy to commit first-degree murder where conviction for conspiracy to commit second-degree murder was reversed. 		Criminal Law and Procedure Sep. 9, 2001
People v. Reeves
Statistical calculations used to support DNA evidence were admissible because they are generally accepted in scientific community. 		Criminal Law and Procedure Sep. 9, 2001
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