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Name Category Published
Personal Restraint Petition of Goodwin
Defendant whose sentence was based on 'washed out' juvenile offenses must be resentenced.
Criminal Law and Procedure Aug. 2, 2002
State v. Gallagher
Sufficient evidence supports defendant's conviction of being accomplice in manufacturing drugs, and matter is remanded for resentencing.
Criminal Law and Procedure Aug. 2, 2002
State v. Smith
Motion seeking change of judge was untimely filed.
Criminal Law and Procedure Aug. 2, 2002
State v. Jeffrey
State is not required to prove that defendant was not under duress when committing kidnapping.
Criminal Law and Procedure Aug. 2, 2002
People v. Cruse
Police officers had right to walk through open gate and evidence of methamphetamine odor was properly admitted.
Criminal Law and Procedure Aug. 1, 2002
People v. Slayton
Questioning of defendant for uncharged offenses that were 'inextricably intertwined' with charged offenses did not violate his right to counsel.
Criminal Law and Procedure Jul. 31, 2002
People v. Hughes
Conviction and death sentence for first-degree murder are upheld.
Criminal Law and Procedure Jul. 31, 2002
Flanagan v. Flanagan
Phone call cannot be recorded if party reasonably expects conversation will not be overheard or recorded.
Criminal Law and Procedure Jul. 31, 2002
People v. Statum
Court is within its discretion to reduce felony conviction to misdemeanor when facts do not support sentencing as felony.
Criminal Law and Procedure Jul. 30, 2002
People v. Anderson
Duress is not defense to first degree murder even when prosecutor chooses not to seek death penalty.
Criminal Law and Procedure Jul. 30, 2002
People v. McKay
When individual cited is unable to produce written identification, officer has statutory discretion to arrest citee.
Criminal Law and Procedure Jul. 30, 2002
People v. Valdez
Required mental state for felony willful endangerment is purposefully or intentionally placing child in dangerous situation, not criminal negligence.
Criminal Law and Procedure Jul. 30, 2002
State v. Trujillo
Six defendants accused of shooting were convicted under correct theory of accomplice liability.
Criminal Law and Procedure Jul. 29, 2002
People v. Falls
Defendant found to be habitual criminal is subject to discretionary parole.
Criminal Law and Procedure Jul. 29, 2002
People v. Meads
Defendant is not entitled to jury instruction with his theory of case where no evidence supports it.
Criminal Law and Procedure Jul. 29, 2002
Jones v. Colorado Department of Corrections
District court did not err in dismissing inmate's complaint regarding withholding of inmate funds to pay restitution.
Criminal Law and Procedure Jul. 29, 2002
People v. Sullivan
Evidence supported convictions on counts of arson and harassment by stalking.
Criminal Law and Procedure Jul. 29, 2002
U.S. v. Harrison
Victim's statements of sexual abuse by defendant three years later are reliable and admissible under the catch-all exception to hearsay rule.
Criminal Law and Procedure Jul. 29, 2002
State v. Glossbrener
Police lacked objectively reasonable concern for safety to justify search of vehicle's passenger compartment.
Criminal Law and Procedure Jul. 29, 2002
In re Personal Restraint Petition of King
Inmate must serve sentence for deadly weapon enhancement before presentence detention credits and good time credits are applied.
Criminal Law and Procedure Jul. 29, 2002
Hughes v. Hon. Cindy Jorgenson (State of Arizona)
Sheriff who participated in criminal investigation of sister is not criminally liable for conflict of interest.
Criminal Law and Procedure Jul. 29, 2002
State v. Martin (Landeros)
Prior felony convictions sentenced under A.R.S. Section 13-901.01 are non-felonies for impeachment purposes under Rule of Evidence 609.
Criminal Law and Procedure Jul. 29, 2002
State v. Carrasco
Official certification is not required for competent medical assistant to draw blood for DUI purposes.
Criminal Law and Procedure Jul. 29, 2002
People v. Zangari
Defendant's prior conviction in Oregon for burglary counts as strike for theft conviction in California.
Criminal Law and Procedure Jul. 29, 2002
State v. Frank
Arraignment procedure of defendant convicted of drunk driving did not violate due process.
Criminal Law and Procedure Jul. 29, 2002
People v. Williams
Although officer administered Preliminary Alcohol Screening Test in violation of state regulations, it is harmless error and drunk driving conviction stands.
Criminal Law and Procedure Jul. 29, 2002
People v. Lowe
Restitution Act authorizes Department of Corrections to withhold inmate pay for victim's assistance funds.
Criminal Law and Procedure Jul. 28, 2002
U.S. v. Timmins
Court inadequately examined defendant's competency to stand trial where experts determined defendant's decision to go to trial was based on delusions.
Criminal Law and Procedure Jul. 22, 2002
People v. Rodriguez
Conviction for continuous sexual abuse of child upheld despite failure to instruct jury regarding technical meaning of 'recurring access.'
Criminal Law and Procedure Jul. 21, 2002
People v. Mower
Compassionate Use Act provides affirmative defense, not immunity from prosecution, for possession and cultivation of marijuana for qualified users.
Criminal Law and Procedure Jul. 18, 2002