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Name Category Published
U.S. v. Sierra-Velasquez
Defendants who detained smuggled aliens until fee was paid are guilty of hostage taking. 		Criminal Law and Procedure Jan. 15, 2003
Jorss v. Gomez
Deadline to file federal habeas petition is tolled while prisoner is pursuing post-conviction remedies in state court. 		Criminal Law and Procedure Jan. 14, 2003
U.S. v. Leyva-Franco
Court's failure to resolve or to represent as immaterial objection to presentence report was violation of Federal Rules of Criminal Procedure. 		Criminal Law and Procedure Jan. 14, 2003
U.S. v. Matus-Leva
Despite absence of separate mens rea requirement, statute increasing penalty for smuggling aliens resulting in death is not void for vagueness. 		Criminal Law and Procedure Jan. 14, 2003
U.S. v. Tobeler
'Motor vehicle' under criminal statute includes construction equipment. 		Criminal Law and Procedure Jan. 14, 2003
U.S. v. Malley
Application note of sentencing guideline does not authorize downward departure in offense level. 		Criminal Law and Procedure Jan. 9, 2003
U.S. v. Gross
District court lacks authority to modify terms of supervised release based on illegality or stipulation of parties. 		Criminal Law and Procedure Jan. 9, 2003
John Z., a minor
Defendant committed forcible rape even though victim may have initially consented to intercourse. 		Criminal Law and Procedure Jan. 9, 2003
People v. Moore
Denial of 'Murgia' discovery motion is appealable even where defendant has pleaded guilty. 		Criminal Law and Procedure Jan. 9, 2003
People v. Linwood
Crime of raping intoxicated person is not unconstitutionally void for vagueness. 		Criminal Law and Procedure Jan. 8, 2003
People v. Murillo
Court improperly revoked probation of eligible candidate under Proposition 36. 		Criminal Law and Procedure Jan. 7, 2003
People v. Killebrew
Expert witness' testimony about the subjective intent and knowledge of each individual gang member was inadmissible. 		Criminal Law and Procedure Jan. 7, 2003
People v. Padilla
Evidence of hallucination is admissible in guilt phase to reduce first-degree murder to second-degree murder. 		Criminal Law and Procedure Jan. 7, 2003
People v. Wood
Admission of testimony that defendant refused officer warrantless entry into home was harmless error. 		Criminal Law and Procedure Jan. 7, 2003
People v. Hall
Court erred in requiring defendant to perform community service in lieu of paying costs of probation. 		Criminal Law and Procedure Jan. 7, 2003
U.S. v. Rebbe
Where defendant voluntarily signed waiver, government may admit proffered statements from plea negotiations during rebuttal. 		Criminal Law and Procedure Jan. 7, 2003
People v. Davis
Court erred in ordering incarceration for defendant's first violation of probation under Proposition 36. 		Criminal Law and Procedure Jan. 7, 2003
People v. Bowden
Court did not inadequately investigate juror misconduct after anxiety stricken juror was excused. 		Criminal Law and Procedure Jan. 6, 2003
People v. Davis
Each failure to register as sex offender within specified time period constitutes separate registration violation. 		Criminal Law and Procedure Jan. 6, 2003
People v. Maguire
Extended statute of limitations period used to prosecute molestation offense was not unconstitutional. 		Criminal Law and Procedure Jan. 6, 2003
U.S. v. Pearson
Defendant who escaped prison is still considered 'incarcerated' for sentencing purposes. 		Criminal Law and Procedure Dec. 26, 2002
U.S. v. French
Career offender enhancement may be imposed where defendant is awaiting sentencing for separate conviction. 		Criminal Law and Procedure Dec. 25, 2002
U.S. v. Hernandez
Denial of suppression motion was proper where detention of express mail package was reasonable. 		Criminal Law and Procedure Dec. 23, 2002
U.S. v. Alaimalo
Defendant's attorney did not render ineffective assistance of counsel by failing to challenge police search that was supported by probable cause. 		Criminal Law and Procedure Dec. 19, 2002
U.S. v. Carrillo-Lopez
Court properly enhanced defendant's sentence based on existence of prior aggravated felony. 		Criminal Law and Procedure Dec. 19, 2002
U.S. v. Reyes
District court may accept or reject plea agreement but cannot modify it. 		Criminal Law and Procedure Dec. 18, 2002
Pirtle v. Morgan
Defendant was denied his Sixth Amendment right to effective assistance of counsel when his attorney failed to request diminished capacity jury instruction. 		Criminal Law and Procedure Dec. 18, 2002
People v. Torres
Defendant's commitment is extended under Sexually Violent Predators Act because trial court's error in refusing to give circumstantial evidence instruction is harmless. 		Criminal Law and Procedure Dec. 16, 2002
U.S. v. Veerapol
Court did not err in applying 'vulnerable victim' sentence enhancement where defendant was convicted of holding Thai national to involuntary servitude. 		Criminal Law and Procedure Dec. 16, 2002
People v. Walker
Defendant who is charged with felony, released on bail and fails to appear can be punished for violation Penal Code Sections 1320.5 and 12022.1. 		Criminal Law and Procedure Dec. 15, 2002
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