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Name Category Published
U.S. v. Gonzales
Trial court must resentence defendant based on evidence that drugs may have been intended for personal use rather than distribution.
Criminal Law and Procedure Dec. 15, 2002
Pavao v. Pagay
Totality of circumstances support jury's finding that police officer had consent to enter home.
Criminal Law and Procedure Dec. 15, 2002
U.S. v. Carbullido
Double jeopardy violation committed where prosecution addressed issue of insanity which was litigated in prior prosecution.
Criminal Law and Procedure Dec. 15, 2002
Opinion of Lockyer
Sales promotion that requires purchase for chance to win prize violates lottery laws.
Criminal Law and Procedure Dec. 11, 2002
Visciotti v. Woodford
Defendant, prejudiced by attorney's deficient performance during penalty phase, is granted habeas relief.
Criminal Law and Procedure Dec. 10, 2002
People v. Snow
Trial court must choose among alternative laws to enhance sentence of sex offender with prior convictions.
Criminal Law and Procedure Dec. 5, 2002
People v. Diaz
Court applies three strikes law and punishment enhancement provision in sentencing habitual rapist.
Criminal Law and Procedure Dec. 5, 2002
In re L.T.
Trash constitutes property under arson statute, Penal Code Section 451.
Criminal Law and Procedure Dec. 4, 2002
People v. Cochran
Sufficient evidence existed that defendant used duress to commit aggravated sexual assault on child.
Criminal Law and Procedure Dec. 3, 2002
U.S. v. Neil
Extraterritorial jurisdiction exists where crime was committed on cruise ship in Mexican territorial waters and victim is U.S. citizen.
Criminal Law and Procedure Nov. 26, 2002
People v. Burris
Sufficient evidence exists that defendant lacked control of his sexually violent behavior.
Criminal Law and Procedure Nov. 25, 2002
People v. Pressey
Probable cause to believe individual uses drugs does not provide probable cause for warrant to search home.
Criminal Law and Procedure Nov. 25, 2002
People v. Legion Insurance Co.
Bail bond surety was given proper notice of forfeiture even though notice failed to recite correct bail bond number.
Criminal Law and Procedure Nov. 25, 2002
Sanchez v. Superior Court (People)
Where felony information charges defendant with only first-degree murder, defendant may not plead guilty to murder in unspecified degree.
Criminal Law and Procedure Nov. 25, 2002
People v. Hamilton
Good faith exception to exclusionary rule applies when DMV information relied on by police is later found erroneous.
Criminal Law and Procedure Nov. 25, 2002
Garcetti v. Superior Court (In re Marentez)
Statistical evidence regarding defendant's likelihood of committing sexually violent acts is sufficient to hold over defendant for trial.
Criminal Law and Procedure Nov. 24, 2002
Williams v. Woodford
Court lacks jurisdiction to consider defendant's motion for relief from judgment under Federal Rules of Civil Procedure 60(b).
Criminal Law and Procedure Nov. 24, 2002
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 Nov. 19, 2002
People v. El
Harmless error analysis applies where defendant was unrepresented during prosecutor's opening argument.
Criminal Law and Procedure Nov. 19, 2002
People v. Torres
Defendant cannot be convicted of both continuous sexual abuse and specific sexual offenses that occurred in same period.
Criminal Law and Procedure Nov. 19, 2002
Valerio v. Crawford
Penalty phase jury instruction which addressed aggravating circumstance constituted reversible error.
Criminal Law and Procedure Nov. 19, 2002
People v. Ramirez
Waiver of custody credits isn't unreasonable condition of probation in all cases where it may lead to incarceration beyond maximum term.
Criminal Law and Procedure Nov. 14, 2002
Early v. Packer
Federal appellate court exceeded authority in habeas case in finding trial court coerced jury's verdict.
Criminal Law and Procedure Nov. 12, 2002
Woodford v. Visciotti
Federal court exceeded authority by finding that state court unreasonably denied habeas relief to prisoner.
Criminal Law and Procedure Nov. 12, 2002
Allen v. Roe
Officer reasonably believed gun posed serious threat of harm to public when discarded in public place and 'Miranda' is not required.
Criminal Law and Procedure Nov. 12, 2002
Henderson v. City of Simi Valley
Police officers did not violate mother's constitutional rights by standing between her and minor daughter in effort to keep peace.
Criminal Law and Procedure Nov. 12, 2002
U.S. v. Arellano-Torres
Offense of simple drug possession is aggravated felony under federal sentencing laws.
Criminal Law and Procedure Nov. 11, 2002
Duran v. Castro
Prisoner convicted of simple possession of heroin and sentenced to 25 years to life because of prior kidnapping convictions is granted habeas relief.
Criminal Law and Procedure Nov. 11, 2002
Ford v. Hubbard
Court's failure to inform defendant about its inability to stay mixed habeas claims constitutes prejudicial error.
Criminal Law and Procedure Nov. 11, 2002
Beaty v. Stewart
Evidentiary hearing is necessary to determine reasonableness of prisoner's asserted belief that his statements to prison psychiatrist were protected by confidentiality agreement.
Criminal Law and Procedure Nov. 10, 2002