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Name Category Published
People v. Napoles
Despite court's failure to give unanimity instruction in joint jury trial, error was harmless. 		Criminal Law and Procedure Feb. 4, 2003
Humphrey v. Appellate Division of Superior Court (People)
Search warrant to test defendant's blood for HIV may be based on affidavit comprised of hearsay statements. 		Criminal Law and Procedure Feb. 4, 2003
People v. Miceli
Court's refusal to provide jury instruction regarding necessity defense was not prejudicial error. 		Criminal Law and Procedure Feb. 4, 2003
People v. Seneca Insurance Co.
If guilty plea entered, court must state reasons for defendant to remain on bail to prevent bail exoneration. 		Criminal Law and Procedure Feb. 3, 2003
U.S. v. Recio
Court finds insufficient evidence of guilt of pre-seizure conspiracy where defendants' conduct reveals general guilt of post-seizure pick up of contraband 		Criminal Law and Procedure Feb. 2, 2003
People v. Barasa
Defendant was not entitled to receive probation following conviction for transporting controlled substance. 		Criminal Law and Procedure Jan. 29, 2003
U.S. v. Recio
Conspiracy does not automatically terminate when objective of conspiracy becomes impossible to achieve. 		Criminal Law and Procedure Jan. 28, 2003
People v. Ramirez
Order 		Criminal Law and Procedure Jan. 27, 2003
People v. Garcia
Defendant who steals drug and immediately consumes it is eligible for drug treatment under Proposition 36. 		Criminal Law and Procedure Jan. 27, 2003
Sattazahn v. Pennsylvania
Defendant's retrial for murder, which resulted from jury's deadlock during sentencing, did not trigger double jeopardy clause. 		Criminal Law and Procedure Jan. 22, 2003
U.S. v. Sua
District court may exclude plea agreement offered for purpose of establishing government's belief in person's innocence. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Pitner
Conspiracy conviction is reversed because retrial was not held within time required by Speedy Trial Act. 		Criminal Law and Procedure Jan. 15, 2003
Gallegos v. City of Los Angeles
Police lawfully detained motorist for less than one hour based on mistaken belief that he committed burglary. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. McGuire
Wiretapping conducted by FBI during investigation of Montana Freemen was lawful. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Parish
Defendant convicted of possessing child pornography may receive reduced sentence because offense was comparatively minor. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Booth
Sentence must be vacated due to failure to provide defendant with adequate notice of upward departure. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Choy
Money given to private individual that would later enable bribe to public official is insufficient to support conviction. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Walters
Refusal to allow attorney to appear 'pro hac vice' during sentencing was harmless error despite constitutional violation. 		Criminal Law and Procedure Jan. 15, 2003
Dyas v. Poole
Murder defendant's shackles, which were observed by jurors during trial, created high degree of prejudice. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Morales-Robles
District court's failure to advise defendant of his right to persist in his plea of not guilty didn't affect defendant's substantial rights. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Stanley
Restitution paid by co-defendants only reduced victim's loss, not other defendant's restitution ceiling. 		Criminal Law and Procedure Jan. 15, 2003
Padilla v. Terhune
Although admission of custodial confession was hearsay, error was harmless and not violative of confrontation clause. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Garcia-Lopez
Prosecutor may waive right to assert that defendant waived right to litigate appeal. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. McCormac
Trial court properly denied mistrial when defendant had outburst in front of prospective jurors. 		Criminal Law and Procedure Jan. 15, 2003
Holgerson v. Knowles
California court's decision to count defendant's out-of-state convictions as strikes didn't deny defendant due process. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Gonzalez-Tamariz
Offense classified as misdemeanor under state law may be considered aggravated felony for federal sentencing purposes. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Ortega-Brito
Failure to provide written notice of conditions of supervised release does not automatically invalidate revocation of release based on violation of conditions. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Hackett
Restitution for property damage caused by fire resulting from drug laboratory is mandatory. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Ochoa
Factual finding in presentence report that defendant distributed additional amounts of cocaine was properly used to calculate sentence. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Seschillie
Excluding expert from courtroom during trial is harmless error where expert had ample opportunity to familiarize self with case. 		Criminal Law and Procedure Jan. 15, 2003
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