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Name Category Published
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons.
Criminal Law and Procedure May 9, 2001
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person.
Criminal Law and Procedure May 9, 2001
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end.
Criminal Law and Procedure May 9, 2001
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search.
Criminal Law and Procedure May 9, 2001
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review.
Criminal Law and Procedure May 9, 2001
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating.
Criminal Law and Procedure May 9, 2001
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal.
Criminal Law and Procedure May 9, 2001
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest.
Criminal Law and Procedure May 9, 2001
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed.
Criminal Law and Procedure May 9, 2001
Kleve v. Hill
Conviction for conspiracy to commit second degree murder stands despite later case that holds offense does not exist.
Criminal Law and Procedure May 9, 2001
U.S. v. Davis
Congress has authority under Commerce Clause to support conviction for possession of firearm.
Criminal Law and Procedure May 9, 2001
U.S. v. Julian
Although court was authorized to order restitution, order must be specific regarding costs of future counseling for sexual-abuse victims.
Criminal Law and Procedure May 9, 2001
Thompson v. Dept. of Corrections
Prisoner condemned to death was not entitled to visit with spiritual advisor for extra 20 minutes prior to execution.
Criminal Law and Procedure May 9, 2001
U.S. v. Henderson
Violation of statute prohibiting destruction or alteration of government land requires proof of specific intent.
Criminal Law and Procedure May 9, 2001
United States v. Verdin
Providing false identity is obstruction of justice warranting sentence enhancement under federal sentencing guidelines.
Criminal Law and Procedure May 9, 2001
U.S. v. Akins
Defendant who did not voluntarily waive right to counsel for domestic violence conviction may not be later indicted for firearms possession.
Criminal Law and Procedure May 9, 2001
State v. Campos
Evidence is sufficient to establish that defendant possessed cocaine with intent to deliver.
Criminal Law and Procedure May 9, 2001
State v. Williamson
Trial court may allow state to exercise peremptory challenge after jury is sworn and first witness has started to testify.
Criminal Law and Procedure May 9, 2001
State v. May
Defendant is entitled to jury instruction on unwitting possession in defense of charge of unlawful possession of a firearm.
Criminal Law and Procedure May 9, 2001
Cleveland v. United States
Unissued video poker licenses are property under mail fraud statute.
Criminal Law and Procedure May 9, 2001
City of Indianapolis v. Edmond
Highway checkpoint program aimed at detecting ordinary criminal wrongdoing creates unreasonable seizure in violation of Fourth Amendment.
Criminal Law and Procedure May 9, 2001
State v. Schelin
Defendant's proximity to loaded revolver when police enter home is sufficient to support allegation that defendant was armed with deadly weapon.
Criminal Law and Procedure May 9, 2001
State v. Beliz
State's peremptory challenges against female potential jurors is sufficient to show gender bias and merits reversal of conviction.
Criminal Law and Procedure May 9, 2001
State v. Gardner
Causing disruption on police radio supports conviction for malicious mischief.
Criminal Law and Procedure May 9, 2001
State v. Clowes
Defective jury instructions constitute reversible error and remedy for defective charging document is dismissal without prejudice.
Criminal Law and Procedure May 9, 2001
People v. Silfa
Because defendant knowingly waived his right to counsel, court committed reversible error in denying his motion to represent himself.
Criminal Law and Procedure May 9, 2001
State v. Bocharski
In capital cases, defendant must be given opportunity to present mitigation evidence and trial court must consider reasons behind defendant's waiver.
Criminal Law and Procedure May 8, 2001
State v. Miranda
All elements of disorderly conduct by reckless display of firearm are elements of aggravated assault.
Criminal Law and Procedure May 8, 2001
Young v. Weston
District court must conduct evidentiary hearing when ruling on whether confinement at mental institution renders state's sexual predator statute punitive.
Criminal Law and Procedure May 8, 2001
U.S.. v. Velarde-Gomez
In federal criminal prosecution, prosecutor may elicit testimony and comment on demeanor of arrestee who has not received Miranda warning.
Criminal Law and Procedure May 8, 2001