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Name Category Published
People v. Auman
Felony murder conviction is appropriate where defendant is in custody prior to murder. 		Criminal Law and Procedure Sep. 29, 2002
People v. Campbell
New trial is required where defendant is denied his right to counsel. 		Criminal Law and Procedure Sep. 29, 2002
People v. Benavidez
Maximum term of probation may not exceed term of incarceration authorized for offense. 		Criminal Law and Procedure Sep. 27, 2002
U.S. v. Johnson
Managers' and telemarketers' involved in conspiracy and mail fraud scheme defenses were not mutually antagonistic and did not warrant severance. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Todhunter
Suppression motion was properly denied when sailboat was lawfully boarded by officers and owner voluntarily consented to search of vessel. 		Criminal Law and Procedure Sep. 26, 2002
Hill v. State
Initial habeas petition challenging calculation of prisoner's release date does not qualify as 'second or successive' petition. 		Criminal Law and Procedure Sep. 26, 2002
Avila v. Galaza
Counsel's failure to investigate and introduce evidence that defendant's brother was the shooter constitutes ineffective assistance of counsel. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Hinostroza
Uncharged allegedly false statements were admissible to show defendant intended to unlawfully possess firearms. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Wiseman
Retroactive application of newly announced interpretation of federal statute is not barred on collateral review. 		Criminal Law and Procedure Sep. 26, 2002
Hill v. Roe
State has burden of showing state procedural rule has been regularly and consistently applied in habeas action. 		Criminal Law and Procedure Sep. 26, 2002
Avila v. Roe
District court must determine whether defendant made request for self-representation to delay trial. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Lott
Court's 'Apprendi' errors did not affect substantial rights of defendants. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Kim
Indictments of licensed pharmacists for illegal distribution of pseudoephedrine sufficiently set forth elements of crime. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Steele
District court did not abuse its discretion when it gave 'Allen' charge because it was neither premature or coercive. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Reano
Because government and district court failed to follow procedural requirements of Mandatory Victims' Restitution Act, restitution order is vacated. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Toles
Incriminating statements given in courthouse restroom before defendants' arraignment were voluntary under Fifth Amendment. 		Criminal Law and Procedure Sep. 26, 2002
People v. Maxwell
Order 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Marshall
Court did not commit plain error in giving instruction concerning proof that firearm was knowingly possessed. 		Criminal Law and Procedure Sep. 25, 2002
U.S. v. Liero
Because supervised release is not separate part or addition to sentence for original offense, sentence is constitutional under 'Apprendi v. New Jersey.' 		Criminal Law and Procedure Sep. 25, 2002
U.S. v. Gastelum-Almeida
Defendant with no mental disorder who is angry at charges filed against him and potential sentence he faces is competent to stand trial. 		Criminal Law and Procedure Sep. 25, 2002
U.S. v. Pena-Sarabia
Defendant convicted of drug offense may be eligible for sentencing 'safety valve' even though spouse possessed firearm. 		Criminal Law and Procedure Sep. 25, 2002
Bullock v. Carver
Counsel's failure to challenge admissibility of child witness' testimony was objectively reasonable strategy. 		Criminal Law and Procedure Sep. 25, 2002
Vigil v. Zavaras
Extraneous 'timing' evidence considered by jury did not substantially prejudice defendant. 		Criminal Law and Procedure Sep. 25, 2002
State v. Willis
Expert testimony regarding propriety of interviewing techniques on children in sex abuse cases was properly excluded. 		Criminal Law and Procedure Sep. 25, 2002
In re Alberto
Judge may not increase bail solely because judge believes first judge's bail determination was erroneous. 		Criminal Law and Procedure Sep. 25, 2002
People v. McDermott
Defendant is properly sentenced to death for murder for financial gain where she hired killer to collect on her cohabitant's insurance policy. 		Criminal Law and Procedure Sep. 24, 2002
People v. Calabrese
Fourth Amendment does not require suppression of evidence for officer's failure to display valid warrant. 		Criminal Law and Procedure Sep. 24, 2002
People v. Bernal
Payment by defendant's insurance carrier does not satisfy defendant's restitution obligation under Penal Code Section 1202.4. 		Criminal Law and Procedure Sep. 24, 2002
People v. Saldana
Uncorroborated anonymous tip is insufficient to justify search and seizure. 		Criminal Law and Procedure Sep. 24, 2002
State v. Herrera
Defendant was not entitled to mistrial based on police officer's improper testimony regarding field sobriety test. 		Criminal Law and Procedure Sep. 24, 2002
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