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Name Category Published
People v. Gnass
Grand jury instruction resulted in wrongful indictment against city of Waterford attorney. 		Criminal Law and Procedure Nov. 10, 2002
U.S. Yoshida
Defendant illegally brought aliens into U.S for financial gain where she guided them onto an airplane without speaking. 		Criminal Law and Procedure Nov. 10, 2002
Lott v. Mueller
Deadline to file habeas petition may be tolled during period in which prisoner lacked access to legal files. 		Criminal Law and Procedure Nov. 10, 2002
U.S. v. Bell
Defendant who harassed and threatened IRS employees was properly convicted and sentenced for interstate stalking. 		Criminal Law and Procedure Nov. 10, 2002
People v. Rae
Trial court properly refused to give unanimity instruction where defendant is engaged in continuous wrongful conduct. 		Criminal Law and Procedure Nov. 10, 2002
Benson v. Terhune
Jail staffs administration of prescription medications requested by defendant did not violate due process. 		Criminal Law and Procedure Nov. 7, 2002
U.S. v. Proffit
Court upholds sentence enhancement base on more than minimal planning, but not based on vulnerable victim status. 		Criminal Law and Procedure Nov. 6, 2002
U.S. v. Ramirez
Court denied defendant's motion requesting competency evaluation on improper grounds. 		Criminal Law and Procedure Nov. 6, 2002
People v. Malfavon
Child abuse homicide is not lesser included offense within charge of murder. 		Criminal Law and Procedure Nov. 6, 2002
People v. Armstead
Court's comments on testimony in response to jury's question improperly changed scope of evidence. 		Criminal Law and Procedure Nov. 6, 2002
U.S. v. Holloway
Defendant whose conviction for armed bank robbery is reversed cannot later be charged with violating Hobbs Act. 		Criminal Law and Procedure Nov. 5, 2002
Opinion of Lockyer
Driver is not required to cover aggregate material that does not extend beyond upper edge of vehicle's cargo area. 		Criminal Law and Procedure Nov. 1, 2002
U.S. v. Larson
Evidentiary hearing is warranted where defendant may not have knowingly and intelligently understood consequences that stipulation would have on appeal rights. 		Criminal Law and Procedure Oct. 29, 2002
Greene v. Henry
Defense counsel's failure to put on witnesses to impeach victim did not constitute prejudicial error. 		Criminal Law and Procedure Oct. 29, 2002
U.S. v. Quach
Sentence is vacated because government failed to determine whether defendant provided substantial assistance to warrant Section 5K1.1 motion. 		Criminal Law and Procedure Oct. 29, 2002
People v. Valadez
Defendant is improperly sentenced under 'one strike law' where information did not give notice of life sentence. 		Criminal Law and Procedure Oct. 24, 2002
People v. Mounsaveng
Court's application of incorrect burden of proof to duress defense is harmless error when there is reasonable, legal alternative to violating law. 		Criminal Law and Procedure Oct. 23, 2002
Moore v. State Board of Control
Crime victim's request for restitution is untimely despite police's failure to advise victim of eligibility. 		Criminal Law and Procedure Oct. 23, 2002
People v. Chavez
Defendant convicted of aiding and abetting robberies is not entitled to introduce evidence of battered women's syndrome. 		Criminal Law and Procedure Oct. 22, 2002
Gentry v. Roe
Defense counsel's perfunctory closing argument constituted ineffective assistance of counsel. 		Criminal Law and Procedure Oct. 16, 2002
U.S. v. Culps
Sentence is vacated where estimated drug transaction size and time period are not supported by sufficient and reliable evidence. 		Criminal Law and Procedure Oct. 16, 2002
Hamm v. Saffle
Petitioner who did not timely seek review of his removal from halfway house is barred from seeking federal habeas review. 		Criminal Law and Procedure Oct. 16, 2002
U.S. v. Neff
Use of handcuffs during investigative stop is appropriate and reasonable when officers receive reliable report that defendant is armed with dangerous weapon. 		Criminal Law and Procedure Oct. 16, 2002
U.S. v. Jimenez
District court erred by enhancing defendant's sentence pursuant to sentencing guidelines for use of minor to commit crime and for obstruction of justice. 		Criminal Law and Procedure Oct. 15, 2002
Kelly v. Small
Where petitioner files 'mixed' federal habeas petition of both exhausted and unexhausted state claims, petition is dismissed without prejudice. 		Criminal Law and Procedure Oct. 15, 2002
U.S. v. Belgarde
State Dept. of Family Services is not 'person' under Major Crimes Act and burglary indictment is properly dismissed. 		Criminal Law and Procedure Oct. 15, 2002
U.S. v. Alarcon-Simi
Defendant's post-arrest statement is not admissible as excited utterance because it did not relate to incidents occurring at time of arrest. 		Criminal Law and Procedure Oct. 15, 2002
People v. Hall
Trial court has authority to order defendant, who spat on prosecutor and investigator, to submit to testing for AIDS and other communicable diseases. 		Criminal Law and Procedure Oct. 13, 2002
Bennett v. Mueller
State has the burden to prove adequacy of state procedural bar to federal habeas review. 		Criminal Law and Procedure Oct. 10, 2002
Foster v. Booher
For purpose of habeas review, prisoner is 'in custody' when serving a series of consecutive sentences. 		Criminal Law and Procedure Oct. 10, 2002
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