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Name Category Published
People v. Britt
'Special versus general' doctrine does not apply to defeat sex offender's burglary conviction. 		Criminal Law and Procedure Feb. 20, 2003
People v. Superior Court (Martinez)
Defendant who committed non-violent drug possession while on probation for felony weapons offense is ineligible for probation under Proposition 36. 		Criminal Law and Procedure Feb. 20, 2003
Saffold v. Carey
Where defendant's state habeas petition was not denied as untimely, tolling applies and federal petition should be reviewed on merits. 		Criminal Law and Procedure Feb. 18, 2003
U.S. v. Turner
Assignment of restitution paymemt did not constitute violation of restitution order or violation of probation condition. 		Criminal Law and Procedure Feb. 18, 2003
People v. Walker
Two-year sentence enhancement applies when defendant's only on-bail offense is willful failure to appear in court. 		Criminal Law and Procedure Feb. 18, 2003
In re Michele D.
Kidnapping of unresisting child merely requires amount of force required to take child away for illegal purpose with illegal intent. 		Criminal Law and Procedure Feb. 18, 2003
In re Rosenkrantz
Governor's decision to deny parole to prisoner is subject to limited judicial review. 		Criminal Law and Procedure Feb. 18, 2003
People v. McGee
Court improperly denied 'Wheeler' motions which contested prosecutor's use of peremptory challenges. 		Criminal Law and Procedure Feb. 18, 2003
Wilson v. Terhune
Where prisoner filed habeas petition challenging prison disciplinary proceeding, presumption of collateral consequences doesn't apply. 		Criminal Law and Procedure Feb. 17, 2003
U.S. v. Penna
Federal Rule of Criminal Procedure 35(c), which imposes seven-day limitation for court to modify sentence, is strict jurisdictional requirement. 		Criminal Law and Procedure Feb. 17, 2003
U.S. v. Moreno-Cisneros
Under U.S.S.G. Section 2L1.2(b)(1)(A)(i), 'sentence imposed' includes additional incarceration imposed due to revoked probation. 		Criminal Law and Procedure Feb. 11, 2003
People v. Roberge
Court's refusal to give jury instructions amplifying word 'likely' as used in Sexually Violent Predator Act was not prejudicial error. 		Criminal Law and Procedure Feb. 6, 2003
People v. Dominguez
Sentence must be vacated due to factual uncertainties in record and trial court's failure to state reasons for consecutive sentencing. 		Criminal Law and Procedure Feb. 4, 2003
People v. Williams
Defendant wasn't denied right to confront witness when court allowed witness who was domestic violence victim to testify by videotape recording. 		Criminal Law and Procedure Feb. 4, 2003
People v. Feaster
Even though negligent discharge of a firearm qualifies as crime of moral turpitude, it was properly excluded for impeachment purposes. 		Criminal Law and Procedure Feb. 4, 2003
People v. Chaghouri
California Board of Equalization does not qualify as 'direct victim' entitled to restitution from criminal defendant. 		Criminal Law and Procedure Feb. 4, 2003
People v. Braxton
Court improperly denied defendant opportunity to present oral motion for new trial despite allegations of juror misconduct. 		Criminal Law and Procedure Feb. 4, 2003
People v. Clavel
Informal letter to trial court alleging sentencing error does not meet formal motion requirement of Penal Code Section 1237.1. 		Criminal Law and Procedure Feb. 4, 2003
Haas v. Meisner
Former reserve police officer was not entitled to receive endorsement to carry concealed weapon as 'honorably retired' peace officer. 		Criminal Law and Procedure Feb. 4, 2003
People v. Hoard
Incidental movement of victims during commission of robbery does not amount to aggravated kidnapping. 		Criminal Law and Procedure Feb. 4, 2003
People v. Roberge
Order 		Criminal Law and Procedure Feb. 4, 2003
People v. Jones
Defendant convicted of shooting at dwelling and being felon in possession of firearm may be sentenced for both offenses. 		Criminal Law and Procedure Feb. 4, 2003
U.S. v. Franco-Lopez
Defendant must be resentenced after prosecutor breached plea agreement. 		Criminal Law and Procedure Feb. 4, 2003
People v. Letteer
Defendant is entitled to be sentenced by judge who accepted his guilty plea. 		Criminal Law and Procedure Feb. 4, 2003
People v. Boyette
Defendant's convictions for two counts of first-degree murder and death sentence are affirmed. 		Criminal Law and Procedure Feb. 4, 2003
Michael B. v. Superior Court (People)
Grand jury may issue subpoena duces tecum, which does not require affidavit of good cause. 		Criminal Law and Procedure Feb. 4, 2003
U.S. v. Bravo-Diaz
District court lacked jurisdiction to vacate conviction for drug smuggling under All Writs Act. 		Criminal Law and Procedure Feb. 4, 2003
People v. Cervantes
Search of defendant as condition of probation is illegal if it is arbitrary, capricious or harassing. 		Criminal Law and Procedure Feb. 4, 2003
People v. Matute
Defendant's rights weren't violated by victim's failure to give specific details regarding each count of rape for which he was charged. 		Criminal Law and Procedure Feb. 4, 2003
People v. Pugh
Buyer who pasted seller's signature on sales agreement is guilty of forgery. 		Criminal Law and Procedure Feb. 4, 2003
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