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Name Category Published
U.S. v. Hart
Proof of materiality is not required for crime of making false statement in application for U.S. passport.
Criminal Law and Procedure Aug. 8, 2002
People v. Baker
Defendant who set fire to spouse is guilty of torture.
Criminal Law and Procedure Aug. 8, 2002
U.S. v. Jordan
Life sentence imposed on defendant convicted of methamphetamine-related offenses was in violation of 'Apprendi v. New Jersey.'
Criminal Law and Procedure Aug. 8, 2002
U.S. v. Bishop
Defendants cannot use 'good faith reliance on accountant' defense in tax fraud cases if they fail to disclose pertinent facts to accountant.
Criminal Law and Procedure Aug. 8, 2002
U.S, v. Ramirez-Encarnacion
Government made adequate showing of necessity for use of wiretaps during drug investigation.
Criminal Law and Procedure Aug. 8, 2002
U.S. v. McGee
Sentence for using telephone to facilitate commission of felony improperly included term for each phone call.
Criminal Law and Procedure Aug. 8, 2002
U.S. v. Golyanski
District court abused its discretion in excluding Government's witness as discovery sanction.
Criminal Law and Procedure Aug. 8, 2002
U.S. v. Hermanek
Wiretap and pager intercept evidence which is not properly sealed and recorded is admissible if government's mistake is objectively reasonable.
Criminal Law and Procedure Aug. 7, 2002
Westerfield v. Superior Court (People)
As part of prosecution's discovery duties, prosecution must provide copies of computer and video images depicting child pornography to defense.
Criminal Law and Procedure Aug. 7, 2002
People v. Crayton
Superior court's failure to readvise defendant to right to counsel does not automatically require reversal.
Criminal Law and Procedure Aug. 7, 2002
People v. Farell
Statute requiring minimum county jail sentence as condition of probation for thefts of cash, also applies to thefts of trade secrets.
Criminal Law and Procedure Aug. 7, 2002
People v. Cochran
Defendant who posted child pornography on Internet to trade with others is eligible for longer sentence.
Criminal Law and Procedure Aug. 7, 2002
In re Walton
Extradition of fugitive with AIDS to serve remainder of 30-year-old robbery sentence is constitutional.
Criminal Law and Procedure Aug. 7, 2002
People v. Mumm
Robbery conviction in Arizona counts as strike for sentencing for subsequent conviction in California.
Criminal Law and Procedure Aug. 7, 2002
People v. Francis
When trial court finds severe mental disorder is not aggravating factor in commission of crime, defendant's mental state cannot be relitigated.
Criminal Law and Procedure Aug. 7, 2002
In re Dalton
Criminal defendant requested in front of jury to conduct tour of alleged crime site is entitled to new trial.
Criminal Law and Procedure Aug. 7, 2002
People v. Smith
Child molestation charges which fell outside the statute of limitations was, at a minimum, harmless error.
Criminal Law and Procedure Aug. 7, 2002
People v. Willis
Good faith exception to exclusionary rule does not apply when police search without warrant under erroneous belief that defendant is on parole.
Criminal Law and Procedure Aug. 7, 2002
People v. Alvarado
Sufficient probable cause of defendant's drug usage existed to support a search warrant for drug-testing laboratory.
Criminal Law and Procedure Aug. 7, 2002
People v. Duncan
Defense counsel's request for continuance to investigate new material operated to extend speedy trial period by additional six months.
Criminal Law and Procedure Aug. 7, 2002
People v. Palmer
Defendant's amnesia, in and of itself, does not constitute incompetency to stand trial.
Criminal Law and Procedure Aug. 7, 2002
People v. Braunthal
Defendant's due process rights weren't violated by police department's unintentional destruction of videotape evidence.
Criminal Law and Procedure Aug. 7, 2002
Bailon v. Superior Court (People)
Trial that started one day after stipulated final date for trial violated defendant's right to speedy trial.
Criminal Law and Procedure Aug. 7, 2002
People v. Vu
Failure to instruct jury that sexual battery is lesser included offense of penetration with foreign object is prejudicial.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Williams
Defendant's sentence for coercing minor to travel beyond state for prostitution was incorrectly calculated.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Kim
Defendant's statements made during execution of search warrant amounted to unlawful custodial interrogation..
Criminal Law and Procedure Aug. 7, 2002
Gaines v. Stenseng
Dismissal of due process claim of Kansas state prisoner for 75 days in disciplinary segregation was improper without review of evidence of prison conditions.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Alexander
Court properly applied sentence enhancement based on possession of weapon during drug conspiracy.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Blajos
Government must prove Federal Deposit Insurance Corporation status of bank, not of money taken under 18 U.S.C. Section 2113.
Criminal Law and Procedure Aug. 7, 2002
Miranda v. Castro
Reliance on counsel's erroneous advice does not warrant equitable tolling of one-year statute of limitations on filing habeas corpus petition.
Criminal Law and Procedure Aug. 7, 2002