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Name Category Published
People v. Hubbart
Sexually Violent Predator Act doesn't violate constitutional guarantees of equal protection and due process. 		Criminal Law and Procedure Jul. 18, 2001
McGregor v. Gibson
Habeas petition granted where petitioner was found competent under unconstitutional burden of proof and reasonable judge should have doubted his competence. 		Criminal Law and Procedure Jul. 18, 2001
U.S. v. Lam
Defendant failed to prove violation of right to speedy trial and his double jeopardy and due process claims fail. 		Criminal Law and Procedure Jul. 18, 2001
Boyce v. Ashcroft
Proper avenue to challenge denial of first amendment rights is 42 U.S.C. Section 1983 and not Section 2241. 		Criminal Law and Procedure Jul. 18, 2001
Petrocelli v. Angelone
Among other things, court abuses discretion in dismissing certain claims as abuse of writ and errs in dismissing others as procedurally barred. 		Criminal Law and Procedure Jul. 18, 2001
People v. Barnum
Order 		Criminal Law and Procedure Jul. 17, 2001
People v. Cole
Defendant is not entitled to reduced sentence merely because court agreed to consider striking prior conviction. 		Criminal Law and Procedure Jul. 17, 2001
People v. Tobias
Child under 18 years of age who has consensual sexual relationship with parent is not accomplice to parent's crime. 		Criminal Law and Procedure Jul. 17, 2001
People v. American Surety Insurance Co.
Bond was properly forfeited where defendant failed to appear at sentencing hearing after he had already been convicted and given 'indicated' sentence. 		Criminal Law and Procedure Jul. 17, 2001
Trevor W., a Minor
Juvenile's conviction was supported by sufficient evidence and crime was not committed under duress, but length of sentence violated statute. 		Criminal Law and Procedure Jul. 17, 2001
People v. Kurey
Child pornography statute allowing conviction when minor appears under 18 is not unconstituional and evidence of apparent age is admissible. 		Criminal Law and Procedure Jul. 17, 2001
People v. Silva
Death Sentence reversed where prosecution uses preemptive strike to eliminate juror because of race. 		Criminal Law and Procedure Jul. 17, 2001
People v. Allen
Defendant convicted of burglary may not be fined penalty assessment unless there is underlying fine. 		Criminal Law and Procedure Jul. 17, 2001
People v. Walker
At sentencing, defendant has burden to prove that constitutional rights were violated in prior convictions. 		Criminal Law and Procedure Jul. 17, 2001
People v. Bush
Police were entilted to search vehicle for weapons based on information about criminal history that was six years old. 		Criminal Law and Procedure Jul. 17, 2001
In re Taylor
Defendant who received increased sentence based on Three Strikes offenses is not entitled to jury trial on prior convictions. 		Criminal Law and Procedure Jul. 17, 2001
People v. Alvarez
Sentence enhancement for using firearm during murder is constitutional because there is compelling purpose to deter firearm use. 		Criminal Law and Procedure Jul. 17, 2001
People v. Cleveland
Conviction reversed where trial court discharged juror during deliberations for failing to deliberate and prejudging case. 		Criminal Law and Procedure Jul. 17, 2001
People v. Valentine
Review granted 		Criminal Law and Procedure Jul. 17, 2001
Pawlyk v. Wood
Defendant who raises insanity defense may expect compelled disclosure of psychiatric examinations. 		Criminal Law and Procedure Jul. 17, 2001
People v. Englebrecht
Injunction against street gang member does not violate constitutional rights. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Velasco-Heredia
In defendant's conspiracy to distribute marijuana case, drug quantity is fact government must prove beyond reasonable doubt. 		Criminal Law and Procedure Jul. 17, 2001
Fenner v. U.S. Parole Commission
Parolee is subject to term of special parole because order modifying sentence only referred to term of imprisonment. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Korman
Government had discretion not to request sentence reduction despite defendant's assistance in investigation of others. 		Criminal Law and Procedure Jul. 17, 2001
United States v. Haber
Conviction and sentence for mail fraud affirmed where defendant could not show trial errors or where error was harmless. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Kentz
Defendant who committed offense while awaiting trial may receive sentence enhancement despite not being warned by judge. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Caperna
District court cannot depart from sentencing guidelines because of sentence disparity between co-defendants unless co-defendants were convicted of same crime. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Carbullido
Federal statute only permits either commitment or unconditional release, not conditional release. 		Criminal Law and Procedure Jul. 17, 2001
State v. Westling
Multiple counts of second degree arson may result from one fire if malice is proved against each of the victims. 		Criminal Law and Procedure Jul. 16, 2001
Moore v. Gibson
Oklahoma does not recognize prisoner mailbox rule, and late filing of state habeas petition failed to toll limitations period for federal petition. 		Criminal Law and Procedure Jul. 16, 2001
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