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Name Category Published
State v. Leavitt
Court's failure to inform defendant of details of firearm-possession prohibition violated defendant's due process rights regarding subsequent possession convictions.
Criminal Law and Procedure Aug. 5, 2001
State v. Scherz
Threatened use of deadly weapon unaccompanied by physical manifestation of presence of weapon is second-degree robbery.
Criminal Law and Procedure Aug. 5, 2001
State v. Johnston
Evidence obtained from warrantless search of arrestee's car should have been suppressed because no warrant requirement exception applied.
Criminal Law and Procedure Aug. 5, 2001
State v. Spandel
Trial court doesn't err in imposing firearm and nonfirearm deadly weapon sentencing enhancements consecutively.
Criminal Law and Procedure Aug. 5, 2001
State v. Summers
Defendant's challenge to jury instructions, charging information, sufficiency of the evidence, and his ineffective assistance of counsel claim all fail.
Criminal Law and Procedure Aug. 5, 2001
State v. Munguia
Court made proper evidentiary rulings, no prosecutorial misconduct occurred and selective prosecution claim cannot first be raised on appeal.
Criminal Law and Procedure Aug. 5, 2001
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement.
Criminal Law and Procedure Aug. 5, 2001
State v. Morreira
Sentence improperly took into account facts establishing more serious crime.
Criminal Law and Procedure Aug. 5, 2001
State v. Bosio
Where State fails to prove blood sample was preserved, conviction for vehicular assault must be reversed.
Criminal Law and Procedure Aug. 5, 2001
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile.
Criminal Law and Procedure Aug. 3, 2001
People v. Weise
Police may enter residence when loud music played for 24 hours led to concern that inhabitants were in danger.
Criminal Law and Procedure Aug. 2, 2001
People v. Waddell
Second degree burglary conviction improper where defendant did not unlawfully enter residence.
Criminal Law and Procedure Jul. 31, 2001
People v. Lesslie
Defense of execution of public duty not available to deputy sheriff accused of illegal eavesdropping.
Criminal Law and Procedure Jul. 31, 2001
People v. Richards
Conviction for providing false information to pawnbroker upheld.
Criminal Law and Procedure Jul. 31, 2001
People v. Williams
No due process violation where defendant requested jury instruction on lesser non-included offenses.
Criminal Law and Procedure Jul. 31, 2001
People v. Barnum
Hearsay statement is inadmissible without showing declarant is unavailable.
Criminal Law and Procedure Jul. 31, 2001
People v. Boyd
Mandatory parole statute is rationally related to legitimate governmental interest.
Criminal Law and Procedure Jul. 31, 2001
Thompson v. Superior Court (People)
California law does not require proof of prior three strikes convictions at preliminary hearing.
Criminal Law and Procedure Jul. 31, 2001
People v. Gay
Statements of defendant must be voluntary to be used even for impeachment purposes.
Criminal Law and Procedure Jul. 30, 2001
People v. Martinez
Advisement of prospective jurors of possible death penalty did not deprive defendant of fair and impartial trial.Colorado Court of Appeals.
Criminal Law and Procedure Jul. 29, 2001
State v. Lopez
Because defense counsel didn't challenge state's failure to prove defendant had previous serious conviction, defendant's unlawful possession of firearm conviction is reversed.
Criminal Law and Procedure Jul. 29, 2001
State v. Reynolds
Defendant failed to prove involuntarily abandonment of property where he did not show substantial nexus between abandonment and alleged illegal police conduct.
Criminal Law and Procedure Jul. 29, 2001
State v. Marshall
Where defendant moves to withdraw guilty plea with evidence that he was incompetent, court must either grant motion or convene competency hearing.
Criminal Law and Procedure Jul. 29, 2001
People v. Toledo
Victim need neither hear threat nor have sustained fear for accused to be guilty of attempted terrorist threat.
Criminal Law and Procedure Jul. 25, 2001
United States v. Morales
Anonymous tip was not reliable enough to establish reasonable suspicion that defendant was engaged in criminal activity.
Criminal Law and Procedure Jul. 25, 2001
Mak v. FBI
Without proper demand from state court, FBI does not have to disclose identities of informants to capital defendant.
Criminal Law and Procedure Jul. 25, 2001
People v. Ansell
State law denying 'certificates of rehabilitation' to convicted child molesters enacted after crime was committed does not violate ex post facto principles.
Criminal Law and Procedure Jul. 25, 2001
US v. Browning
Police had probable cause to stop defendant and his incriminating statements to DEA agents weren't inadmissible as statements made during plea negotiations.
Criminal Law and Procedure Jul. 25, 2001
People v. Cheek
At show cause hearing, defendant committed as sexually violent predator has right to present oral testimony, call witnesses and cross-examine State's witnesses.
Criminal Law and Procedure Jul. 25, 2001
United States v Steffen
Inducing another to cross state lines to fraudulently deliver money is travel fraud, even if money did not belong to person defrauded.
Criminal Law and Procedure Jul. 25, 2001