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Name Category Published
Majoy v. Roe
Conviction where key witness admits to lying about defendant's involvement in crime may override defendants untimely petition for federal habeas review. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Lee
Defendant who unlawfully copied computer Website did not deserve sentence enhancement for possessing special computer skills. 		Criminal Law and Procedure Oct. 10, 2002
Johnson v. Atherton
Petition for writ of habeas corpus is properly denied when ineffective assistance of counsel claim does not implicate voluntariness of plea. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Jimenez-Dominguez
District court did not commit plain error by failing to inquire whether guilty plea was result of discussions with prosecutor. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Huggins
Because government conducted thermal imaging search in good faith reliance on facially valid warrant, Fourth Amendment does not compel suppression of images. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Valensia
Despite multiple errors by government and court, defendant's sentence is affirmed based on overwhelming and uncontroverted evidence. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Geston
Conviction is reversed because prosecutor improperly asked witness to comment on truthfulness of other witnesses. 		Criminal Law and Procedure Oct. 10, 2002
Sternberg v. Secretary, Dept. of Health and Human Services
Sentencing agreement does not obligate government to exclude defendant's participation in Medicare program for period no longer than his incarceration. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Diaz-Suarez
Based on totality of circumstances, investigatory stop was warranted by reasonable suspicion defendant was involved in criminal activity. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Marcucci
Grand jury charge that does not directly state the jury may refuse to indict if probable cause exists is constitutional. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Adamson
District court violated defendant's constitutional right of confrontation by prohibiting him from attacking his brother's credibility. 		Criminal Law and Procedure Oct. 10, 2002
Pagtalunan v. Galaza
District court did not abuse its discretion in dismissing habeas petition for failure to prosecute and comply with court order. 		Criminal Law and Procedure Oct. 10, 2002
Hawkins v. Mullin
Court's interpretation that first-degree felony murder statute included kidnapping for extortion as underlying felony is foreseeable. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Sparks
Probable cause existed for search warrant for defendant's home because defendant's arrest was valid and residence was located near scene of crime. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Jose-Gonzalez
Court reasonably departed upward from guidelines to account for multiple deaths and injuries resulting from defendant's conduct of transporting unlawful aliens. 		Criminal Law and Procedure Oct. 10, 2002
Willingham v. Mullin
Denial of habeas petition is proper where manslaughter instruction was given without second-degree murder instruction. 		Criminal Law and Procedure Oct. 9, 2002
U.S. v. Mendez-Zamora
Expert testimony regarding roles in drug conspiracies did not attempt to take ultimate issue of guilt away from jury. 		Criminal Law and Procedure Oct. 9, 2002
Saiz v. Burnett
Federal court failed to analyze state court's decision to exclude testimony for objective reasonableness. 		Criminal Law and Procedure Oct. 9, 2002
U.S. v. Erwin
Prohibition of commercial fishing is improper condition for supervised release for felon in possession of ammunition. 		Criminal Law and Procedure Oct. 9, 2002
U.S. v. Beckman
Improper cross-examination of defendant regarding prior arrest and conviction constituted harmless error. 		Criminal Law and Procedure Oct. 8, 2002
People v. Gurule
Substantial evidence supports that defendant was given 'Miranda' warnings despite lack of recording. 		Criminal Law and Procedure Oct. 8, 2002
People v. Wright
Ambiguous assault instruction is harmless error where defendant admitted to reckless driving and intent to scare victims. 		Criminal Law and Procedure Oct. 8, 2002
People v. Wutzke
Quasi-familial relationship does not make convicted child molester a 'relative' for sentencing purposes. 		Criminal Law and Procedure Oct. 8, 2002
People v. Acosta
Sentence may be based on Three Strikes Law and enhancements under Penal Code Section 667(a) notwithstanding defendant's eligibility under One Strike Law. 		Criminal Law and Procedure Oct. 8, 2002
People v. Gutierrez
Convictions and death sentence for first-degree murder and other offenses are upheld. 		Criminal Law and Procedure Oct. 8, 2002
Luna v. Cambra
Trial counsel's failure to interview and subpoena two alibi witnesses and one exonerating witness is prejudicial error. 		Criminal Law and Procedure Oct. 8, 2002
U.S. v. Chavez-Miranda
Forcible entry by police after waiting 20 to 30 seconds, did not violate the 'Knock and Announce Rule.' 		Criminal Law and Procedure Oct. 8, 2002
Packer v. Hill
Trial judge violated defendant's due process rights by coercing jury to render guilty verdict. 		Criminal Law and Procedure Oct. 7, 2002
People v. Garcia
Shooter's conviction is not required to impose sentencing enhancement on accomplice for gun use allegation where crime is for benefit of street gang. 		Criminal Law and Procedure Oct. 7, 2002
In re Andrews
Counsel's decision not to further investigate mitigating evidence over defendant's objection is reasonable under Sixth Amendment. 		Criminal Law and Procedure Oct. 7, 2002
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