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Name Category Published
People v. Salgado
Post-conviction dismissal of jury's verdict based on insufficiency of evidence is appealable and doesn't violate Double Jeopardy Clause.
Criminal Law and Procedure May 18, 2001
People v. Hoffman
Defendant waives right to appeal suppression motion by failing to renew motion before trial judge.
Criminal Law and Procedure May 18, 2001
State v. McCarty
Information charging conspiracy to deliver controlled substance is fatally defective where it fails to allege involvement of more than two people.
Criminal Law and Procedure May 17, 2001
U.S. v. Espinoza
Sixth Amendment was not violated by giving 'deliberate ignorance' jury instruction or by admitting evidence of family members' drug offenses.
Criminal Law and Procedure May 17, 2001
Washington v. Berry
Two 'stayed' California convictions are properly counted as strikes under Persistent Offender Accountability Act.
Criminal Law and Procedure May 17, 2001
U.S. v. White
Conditions of supervised release must be sufficient, but not greater than necessary.
Criminal Law and Procedure May 17, 2001
State v. Washington
Vehicle is used in commission of felony where drugs are placed in console and gun is concealed under seat.
Criminal Law and Procedure May 17, 2001
In the Matter of the Personal Restraint of Jose Echeverria
Right of allocution is satisfied when accused makes statement to court in direct testimony during sentencing.
Criminal Law and Procedure May 17, 2001
State v. Ross
Warrantless search conducted at 12:10 am for sole purpose of discovering marijuana to justify issuance of warrant violates 4th Amendment.
Criminal Law and Procedure May 17, 2001
State v. Kinzy
Seizure of minor is unreasonable and does not fall within purview of community caretaking exception to warrant requirement.
Criminal Law and Procedure May 17, 2001
In re the Recall of Cathy Pearsall-Stipek
Petition to recall county auditor is factually and legally sufficient as to false swearing allegation.
Criminal Law and Procedure May 17, 2001
State v. Root
Proper 'unit of prosecution' for sexual exploitation of minor is per photo session, per minor involved in each session.
Criminal Law and Procedure May 17, 2001
City of Kennewick v. Day
Evidence of defendant's reputation for sobriety is admissible to show defendant's lack of intent to possess or use drugs.
Criminal Law and Procedure May 17, 2001
State v. Williams
'Automatic standing' doesn't apply where defendant challenges officer's entry into third-party's residence, but contraband found during lawful search of person incident to arrest.
Criminal Law and Procedure May 17, 2001
Personal Restraint Petition of Davis
Accused may be convicted of two counts of possession with intent to manufacture where accused had two, wholly self-contained marijuana grow operations.
Criminal Law and Procedure May 17, 2001
Sebastian v. Department of Labor & Industries
Victims Compensation Act Collateral benefits received by criminal assault victim should be deducted from his total damages rather than from $30,000 statutory cap.
Criminal Law and Procedure May 17, 2001
Elliott v. Williams
Conviction stands despite attorney's failure to present defense and admission of confession made under influence of heroin.
Criminal Law and Procedure May 16, 2001
Benson v. Martin
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Mock
Order
Criminal Law and Procedure May 16, 2001
Juda v. Nerney
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Saucedo
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Saenz
Order
Criminal Law and Procedure May 16, 2001
State of Washington v. Roberts
Major participation in events leading to homicide required to sustain death penalty verdict where defendant acted only as accomplice
Criminal Law and Procedure May 16, 2001
People v. Han
Circumstantial evidence may be used to prove that defendant conspired with others to murder her twin sister.
Criminal Law and Procedure May 16, 2001
U.S. v. Enas
Defendant may be tried in federal court even though previously tried for same conduct in Indian tribal court.
Criminal Law and Procedure May 16, 2001
People v. Duncan
Under "two preliminary hearings" rule, court must set aside information where it's subsequently determined that defendant was incompetent at time of preliminary hearing.
Criminal Law and Procedure May 16, 2001
People v. O'Neal
Jury may consider defendant's prior sexual offenses without violating defendant's due process rights.
Criminal Law and Procedure May 16, 2001
F.J. Hanshaw Enterprises, Inc. v. Emerald River Development, Inc.
Criminal sanction imposed by court for bribery of court-appointed receiver in partnership dissolution denied guilty party procedural protections guaranteed by Constitution.
Criminal Law and Procedure May 16, 2001
U.S. v. Walton
Order
Criminal Law and Procedure May 16, 2001
Truelove v. Smith
Order
Criminal Law and Procedure May 16, 2001