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Name Category Published
Smith v. Texas
Nullification instruction that did not allow jury to give full effect to defendant's mitigating evidence was unconstitutional. 		Criminal Law and Procedure Nov. 18, 2004
People v. Edmonton
Prosecution did not rely on legally insufficient theory in establishing element of duress. 		Criminal Law and Procedure Nov. 16, 2004
People v. Chan
Sex offender who willfully provided inaccurate address is guilty of failure to register. 		Criminal Law and Procedure Nov. 16, 2004
People v. Barker
Defendant cannot assert forgetfulness as defense for failing to register as sex offender. 		Criminal Law and Procedure Nov. 16, 2004
People v. Wilkinson
Evidentiary hearing is proper to determine admissibility of polygraph test proffered by defendant. 		Criminal Law and Procedure Nov. 15, 2004
People v. Briceno
Defendant's prior convictions are not serious felonies for purpose of imposing sentence enhancements on current convictions. 		Criminal Law and Procedure Nov. 15, 2004
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense. 		Criminal Law and Procedure Nov. 10, 2004
U.S. v. Arellano-Gallegos
District court's failure to ascertain whether defendant's waiver of appeal was knowing and voluntary before acceptance of plea was plain error. 		Criminal Law and Procedure Nov. 10, 2004
U.S. v. Castro
Post-'Blakely' uncertainty sends case back to district court for resentencing. 		Criminal Law and Procedure Nov. 9, 2004
U.S. v. You
Retrial due to inability to secure certified translator did not violate prohibition against double jeopardy. 		Criminal Law and Procedure Nov. 9, 2004
Doe v. U.S.
Since government subpoena duces tecum did not identify documents with particularity, government could not claim that existence and possession were foregone conclusions. 		Criminal Law and Procedure Nov. 9, 2004
U.S. v. Gourde
Affidavit supporting search of defendant's home for child pornography lacked probable cause. 		Criminal Law and Procedure Nov. 9, 2004
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel. 		Criminal Law and Procedure Nov. 9, 2004
Smith v. State
Habeas petitioner fails to establish cause to excuse procedural default. 		Criminal Law and Procedure Nov. 9, 2004
U.S. v. Staves
Undercover agents were not required to use cloned cellphones before applying for wiretap order. 		Criminal Law and Procedure Nov. 9, 2004
U.S. v. Kaur
District court properly instructed jury on required mental state for conviction on drug-related offense. 		Criminal Law and Procedure Nov. 9, 2004
People v. Martinez
Sufficient evidence supports defendant's conviction for active participation in street gang. 		Criminal Law and Procedure Nov. 9, 2004
People v. Poslof
State must prove actual knowledge of sex offender's duty to register in location of each residence but not length of stay. 		Criminal Law and Procedure Nov. 9, 2004
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence. 		Criminal Law and Procedure Nov. 9, 2004
People v. O'Neal
Trial court may grant restitution for psychological treatment expenses of brother of girl who was sexually molested by defendant. 		Criminal Law and Procedure Nov. 9, 2004
In re Seaton
Failure to raise issues about which petitioner had evidence at trial precludes consideration of those issues in habeas corpus proceeding. 		Criminal Law and Procedure Nov. 9, 2004
People v. Ochoa
Perjury advisement to witness who was about to recant her rape allegation did not violate defendant's constitutional rights. 		Criminal Law and Procedure Nov. 9, 2004
People v. Quidachay
Defendant committed sexual assault by commanding victim to penetrate herself. 		Criminal Law and Procedure Nov. 8, 2004
U. S. v. Dhingra
Federal law criminalizing use of Internet to solicit sex with minors does not violate First Amendment. 		Criminal Law and Procedure Nov. 4, 2004
U.S. v. Morgan
Sentencing court must exclude interest and finance charges from total amount of loss to victims in bank fraud case. 		Criminal Law and Procedure Nov. 4, 2004
People v. Coffman
Defendant's murder conviction and death sentence are affirmed. 		Criminal Law and Procedure Nov. 4, 2004
Hamilton v. Newland
Assertion of new evidence of actual innocence available at time of habeas petition is not 'extraordinary circumstance' sufficient for Rule 60(b)(6) relief. 		Criminal Law and Procedure Nov. 3, 2004
People v. Stone
Restraining order issued after jury instructions but before jury voted to convict is invalid. 		Criminal Law and Procedure Nov. 3, 2004
Leanna W., a Minor
Utility use and consumption of alcohol from house are insufficient to show that unpermitted party hostess had necessary intent for burglary. 		Criminal Law and Procedure Oct. 26, 2004
People v. Hinton
Trial judge erred in giving deadlocked jury 'dynamite' instruction. 		Criminal Law and Procedure Oct. 25, 2004
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