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Name Category Published
State v. Aronhalt
When applying 'wash out' provisions of three strikes law, court must accurately know crime classification and comparability determinations of prior foreign convictions.
Criminal Law and Procedure May 11, 2001
Matter of Rangel
Consecutive sentencing for 10 assault convictions arising out of single event is proper despite brief respite between acts of assault.
Criminal Law and Procedure May 11, 2001
State v. Vanderpool
Substantial compliance is not viable defense for failing to register as sex offender.
Criminal Law and Procedure May 11, 2001
Bunney v. Mitchell
Petition filed in federal court challenging conviction more than one year after enactment of statute of limitations is untimely.
Criminal Law and Procedure May 11, 2001
State v. Flett
Court errs in ordering 459 months mitigated exceptional sentence to individual convicted on four counts of first-degree assault with a firearm.
Criminal Law and Procedure May 10, 2001
State v. Read
Defendant cannot be convicted of both second-degree murder and first-degree assault without violating double jeopardy principles.
Criminal Law and Procedure May 10, 2001
State v. Toney
Amended version of sentencing statute does not apply to offenses committed prior to its effective date.
Criminal Law and Procedure May 10, 2001
State v. Todd
State's motion to revoke deferred disposition is timely and gives sufficient notice to juvenile of allegations against him.
Criminal Law and Procedure May 10, 2001
State v. Garza
Inmates' right to counsel is presumptively violated when jail officials seize and examine inmates' legal documents in connection with attempted jail escape.
Criminal Law and Procedure May 10, 2001
State v. Wilson
Investigation costs are properly included in embezzlement, restitution fine.
Criminal Law and Procedure May 10, 2001
State v. Johnston
Attempted second-degree murder conviction does not merge into first-degree robbery conviction.
Criminal Law and Procedure May 10, 2001
Washington v. French
Prosecutorial remarks touching on accused's right to remain silent are subject to 'incurable prejudice analysis.
Criminal Law and Procedure May 10, 2001
State v. Julian
Prosecutor's minimal and unenthusiastic remarks at sentencing constitutionally satisfy State's performance of plea agreement.
Criminal Law and Procedure May 10, 2001
People v. Johnson
Review granted
Criminal Law and Procedure May 10, 2001
State v. Pietrzak
Statute prohibiting communication with minor for immoral purposes is not unconstitutionally vague.
Criminal Law and Procedure May 10, 2001
State v. Cormier
Defendant's assault on officer justified custodial arrest and seizure of drugs despite illegality of original stop.
Criminal Law and Procedure May 10, 2001
State v. Todd
Fingerprint evidence alone is insufficient to support conviction for possession with intent to deliver.
Criminal Law and Procedure May 10, 2001
State v. Barragan
Evidence of prior assaults is admissible to show victim had reasonable belief that threat of violence would occur.
Criminal Law and Procedure May 10, 2001
State v. Portrey
One may not be convicted of both possessing more than 40 grams of marijuana and possessing marijuana with intent to manufacture/deliver.
Criminal Law and Procedure May 10, 2001
State v. Dauenhauer
Jury instruction regarding defendant's election not to testify was not prejudicial but restitution order was improper.
Criminal Law and Procedure May 10, 2001
State v. Hall
Court's refusal to give voluntary intoxication and attempted assault instructions and to include intent in 'to convict' instructions was not error.
Criminal Law and Procedure May 10, 2001
State of Washington v. Cook
Probable cause to arrest where passenger of stopped vehicle gives officer independent cause to question and illegal drugs in plain view.
Criminal Law and Procedure May 10, 2001
State v. Hernandez-Hernandez
No ineffective assistance of counsel in cocaine delivery case where attorney argued mitigating factors for lower range standard sentence.
Criminal Law and Procedure May 10, 2001
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat.
Criminal Law and Procedure May 10, 2001
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence.
Criminal Law and Procedure May 10, 2001
U.S. v. Sparks
Order
Criminal Law and Procedure May 9, 2001
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief.
Criminal Law and Procedure May 9, 2001
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court.
Criminal Law and Procedure May 9, 2001
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence.
Criminal Law and Procedure May 9, 2001
U.S. v. Magleby
Burning of cross at interracial couple's home is violation of civil rights when act is racially motivated and due to couple's presence in neighborhood.
Criminal Law and Procedure May 9, 2001