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Name Category Published
U.S. v. Bynum
District court did not err in declining to submit federal nexus question to jury.
Criminal Law and Procedure Jun. 24, 2003
U.S. v. Montalvo
Failure to give specific unanimity instruction regarding continuing criminal enterprise offense is harmless error.
Criminal Law and Procedure Jun. 18, 2003
U.S. v. Bonilla-Montenegro
District court properly enhanced defendant's sentence because offense of voluntary manslaughter is 'crime of violence' under sentencing guidelines.
Criminal Law and Procedure Jun. 18, 2003
People v. Rivera
Circumstantial evidence is sufficient to support finding that car was locked upon entry; evidence supports conviction.
Criminal Law and Procedure Jun. 17, 2003
U.S. v. Weber
Defendant who left voicemail in which he threatened judge is guilty of obstruction of justice.
Criminal Law and Procedure Jun. 16, 2003
McNeely v. Blanas
Petitioner in custody since April 1998 without preliminary hearing or trial has been denied right to speedy trial.
Criminal Law and Procedure Jun. 16, 2003
U.S. v. Leonti
Viable ineffective assistance of counsel claim may arise in presentencing cooperation period.
Criminal Law and Procedure Jun. 16, 2003
U.S. v. McNeil
Although bank did not suffer actual loss, sufficient evidence supports defendant's bank fraud conviction.
Criminal Law and Procedure Jun. 15, 2003
Opinion of Lockyer
In its civil "watchdog" capacity, grand jury may give secrecy admonition to witness; witness' violation may constitute contempt of court.
Criminal Law and Procedure Jun. 11, 2003
Gill v. Ayers
Defendant had right to testify at Three Strikes sentencing hearing to explain nature of prior conviction.
Criminal Law and Procedure Jun. 11, 2003
U.S. v. Banuelos
For sentencing purposes, court must determine quantity of drugs attributable to conspirator personally beyond reasonable doubt.
Criminal Law and Procedure Jun. 11, 2003
People v. Flores
Remand is proper remedy when defendant is ordered to pay attorney fees without notice and hearing.
Criminal Law and Procedure Jun. 11, 2003
Stillman v. LaMarque
Habeas petitioner is not entitled to benefit of mailbox rule but is entitled to equitable tolling because of prison officials' misconduct.
Criminal Law and Procedure Jun. 10, 2003
Ho v. Newland
Habeas petition was improperly denied where court failed to remedy erroneous jury instruction on elements of crime.
Criminal Law and Procedure Jun. 10, 2003
In re Cox on Habeas Corpus
Opinion
Criminal Law and Procedure Jun. 9, 2003
Anthony L. v. Superior Court (People)
Penal Code Section 186.22(d) applies to all gang-related offenses and is more aptly characterized as penalty provision, not as substantive offense.
Criminal Law and Procedure Jun. 6, 2003
Garceau v. Woodford
Jury instruction to infer criminal propensity from evidence of other crimes was not harmless error.
Criminal Law and Procedure Jun. 3, 2003
In re Bell
Order
Criminal Law and Procedure Jun. 2, 2003
People v. Palomino
Order
Criminal Law and Procedure Jun. 2, 2003
People v. Lee
Order
Criminal Law and Procedure Jun. 1, 2003
Ferguson v. Palmateer
Federal one-year statute of limitations for habeas petitions need not be extended to allow full application of Oregon's two-year limitations period.
Criminal Law and Procedure May 30, 2003
Lewis v. Lewis
Trial and appeal courts failed to determine whether purposeful racial discrimination occurred during jury selection.
Criminal Law and Procedure May 30, 2003
U.S. v. Auld
Downward sentencing departure should begin from statutorily required minimum sentence rather than guideline sentence.
Criminal Law and Procedure May 30, 2003
U.S. v. Luna-Orozco
Defendant who intended to plead guilty but did not enter formal plea is still bound by agreement.
Criminal Law and Procedure May 30, 2003
U.S. v. Doe
Juvenile charged with federal crime must be tried within 30 days of his certification for federal juvenile proceedings.
Criminal Law and Procedure May 30, 2003
U.S. v. Celestine
Affidavit supporting probable cause determination for warrant need not be served at time of search.
Criminal Law and Procedure May 30, 2003
U.S. v. Chen
Immigrant's false statements regarding entry into United States were material for his conviction for making false statement.
Criminal Law and Procedure May 30, 2003
U.S. v. Fernandez-Castillo
Reasonable suspicion to conduct investigatory vehicle stop was present where officer received credible report that vehicle was driven erratically.
Criminal Law and Procedure May 30, 2003
U.S. v. Velasco-Heredia
For sentencing purposes, court must employ 'beyond a reasonable doubt' standard when determining amount of marijuana attributable to defendant.
Criminal Law and Procedure May 30, 2003
U.S. v. Ballesteros-Ruiz
State conviction for possession of marijuana does not qualify as aggravated felony for purpose of imposing sentencing enhancement.
Criminal Law and Procedure May 29, 2003