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Name Category Published
Benny v. U.S. Parole Commission
Defendant who serves five years of parole without early termination hearing is not entitled to automatic termination.
Criminal Law and Procedure Sep. 17, 2002
Reed v. Hannigan
Writ of habeas corpus by defendant who voluntarily pleaded guilty to indecent liberties with stepdaughter was properly denied.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Bravo
Border agents had reasonable suspicion to use hammer to open toolbox in bed of truck.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Yanez-Saucedo
Third-degree rape conviction constitutes aggravated felony sentencing enhancement under U.S. Sentencing Guidelines.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Perez-Corona
Prior conviction for possession of stolen vehicle is not an aggravated felony and defendant is not subject to sentencing enhancement.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Zaragoza
When customs inspector briefly handcuffs individual during border detention, individual is not under arrest nor unreasonably detained for Fourth Amendment purposes.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Goldberg
District court abused its discretion by failing to base degree of departure determination on reasonable methodology hitched to U.S. Sentencing Guidelines.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Avery
Affidavit omitting confidential informant's lengthy criminal history that demonstrates informants reliability establishes probable cause.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Orellana-Blanco
Evidence that alien entered into sham marriage to evade immigration laws was improperly introduced at trial.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Concha
Court was authorized to consider prior foreign convictions to impose upward departure in sentence.
Criminal Law and Procedure Sep. 17, 2002
Gometz v. U.S. Parole Commission
Parole Commission's Category 8 rating and imposition of minimum of 430 months sentence instead of 402 months is proper.
Criminal Law and Procedure Sep. 17, 2002
People v. Superior Court (Turner)
Eligibility for probation for drug possession conviction requires five years of freedom from incarceration immediately preceding drug offense.
Criminal Law and Procedure Sep. 17, 2002
State v. Read
Admission of opinion testimony to determine reasonableness of defendant's self-defense claim was not reversible error.
Criminal Law and Procedure Sep. 17, 2002
State v. Wiggins
Conviction for unlawful possession of explosives requires showing that defendant possessed all components necessary to assemble explosive device.
Criminal Law and Procedure Sep. 17, 2002
State v. King
Robbery and kidnapping convictions are reversed due to prejudicial jury instruction that permitted conviction based on foreseeable actions of co-conspirators.
Criminal Law and Procedure Sep. 17, 2002
Ellis v. U.S. District Court (U.S.) (In re Ellis)
District court may reject charge bargain in proposed plea agreement when court deems it inadequate to reflect seriousness of crime.
Criminal Law and Procedure Sep. 16, 2002
US v. Jolibois
Where probation violation constitutes more than one offense, court may impose the most serious penalty available.
Criminal Law and Procedure Sep. 16, 2002
People v. Stanley
Criminal defendant's waiver of right to counsel is invalid where trial court fails to give adequate advisement.
Criminal Law and Procedure Sep. 16, 2002
People v. Rogers
Evidence of gunshot residue on clothing of defendant admissible where police has probable cause to make arrest.
Criminal Law and Procedure Sep. 16, 2002
People v. Bradbury
Sentence in aggravated range is appropriate where defendant was on bond for a previous felony.
Criminal Law and Procedure Sep. 16, 2002
People v. Howell
Record supported finding of trial court that defendant violated conditions of probation.
Criminal Law and Procedure Sep. 16, 2002
People v. Hardrick
Officer may ask interloper to scene of valid arrest to show hands; refusal to comply raises reasonable suspicion of danger to officer.
Criminal Law and Procedure Sep. 16, 2002
People v. Harlan
Defendant can waive right to conflict-free counsel where court finds that conflict isn't so substantial as to outweigh defendant's interest in retaining counsel of choice.
Criminal Law and Procedure Sep. 16, 2002
State v. Wilson
Defendant who shot unintended victim is guilty of second-degree assault.
Criminal Law and Procedure Sep. 15, 2002
Personal Restraint Petition of Hutchinson
Due process rights of defendant convicted of murdering two law enforcement officers were not violated.
Criminal Law and Procedure Sep. 15, 2002
State v. Nordlund
Affiant's general statements about habits of sex offenders are insufficient to support issuance of search warrant.
Criminal Law and Procedure Sep. 15, 2002
State v. Dhaliwal
Defendant did not waive his Sixth Amendment right to conflict free attorney.
Criminal Law and Procedure Sep. 15, 2002
People v. Spence
Order
Criminal Law and Procedure Sep. 12, 2002
Little v. Kern County Superior Court
Attorney who attempted three times to have judge disqualified is not liable for contempt.
Criminal Law and Procedure Sep. 10, 2002
State v. Neeley
Probable cause existed to arrest defendant for possession of drug paraphernalia.
Criminal Law and Procedure Sep. 9, 2002