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Name Category Published
State v. Coria
Defendant who damaged property he co-owns is guilty of malicious mischief.
Criminal Law and Procedure Jul. 16, 2002
People v. Abasta
Modified jury instruction is not trial error where defense untimely introduced new evidence during trial.
Criminal Law and Procedure Jul. 15, 2002
People v. Ziglar
Judge may consider as evidence defendant's admissions of prior felony convictions elicited during habitual criminal proceedings.
Criminal Law and Procedure Jul. 12, 2002
People v. Matheny
In determining custody for 'Miranda' purposes, trial courts, findings of historical fact are given deference, controlling legal standard is decided by appellate courts de novo.
Criminal Law and Procedure Jul. 12, 2002
People v. Hebert
Police officer's initial warrantless entry into defendant's residence wasn't justified by emergency aid exception to Fourth Amendment warrant requirement.
Criminal Law and Procedure Jul. 12, 2002
State v. Garza
Prisoner arrested on outstanding warrant en route to courtroom waived right to be present at trial.
Criminal Law and Procedure Jul. 12, 2002
In the Interest of J.A.M., Jr., a child
Trial court not authorized to consider lesser included offense where neither prosecution nor defense ask for such consideration.
Criminal Law and Procedure Jul. 12, 2002
People v. Crayton
Sixth Amendment doesn't require new admonishment to unrepresented defendant of right to counsel and waiver of right at arraignment.
Criminal Law and Procedure Jul. 12, 2002
People v. Friesen
Defendant's equal protection rights not violated where he was not subject to disparate penalties for same offense.
Criminal Law and Procedure Jul. 12, 2002
People v. Hendrickson
Defendant's denial of wrongdoing precludes instruction on entrapment.
Criminal Law and Procedure Jul. 12, 2002
Horton v. Suthers
District Courts have broad subject-matter jurisdiction to hear properly pleaded petitions for writ of habeas corpus.
Criminal Law and Procedure Jul. 12, 2002
People v. Walker
Defendant must be allowed to withdraw guilty plea if trial court rejects prosecution's sentencing recommendation.
Criminal Law and Procedure Jul. 12, 2002
People v. Rios
Evidence obtained in search incident to custodial arrest admissible in subsequent trial.
Criminal Law and Procedure Jul. 12, 2002
People v. Slusher
Failure to inform defendant of untried charges does not require dismissal of charges.
Criminal Law and Procedure Jul. 12, 2002
People v. Myers
Term of parole in relation to conviction for sexual assault limited to unserved portion of maximum sentence.
Criminal Law and Procedure Jul. 12, 2002
People v. Baker
Information contained sufficient information to allow defendant to defend himself.
Criminal Law and Procedure Jul. 12, 2002
People v. Forsythe
District court may not deny custody of child to parent as condition of probation.
Criminal Law and Procedure Jul. 12, 2002
People v. Thoro Products Co.
Prosecution for illegal disposal of hazardous substance barred by statute of limitations.
Criminal Law and Procedure Jul. 12, 2002
State v. Jones
Trial judge may not find aggravating factors that permit imposition of death penalty.
Criminal Law and Procedure Jul. 11, 2002
People v. Talibdeen
Trial court errs in failing to impose the required state and county penalty assessments.
Criminal Law and Procedure Jul. 11, 2002
People v. Lunsford
Restitution may include noneconomic damages paid by insurer to its insureds pursuant to contract.
Criminal Law and Procedure Jul. 11, 2002
People v. Reed
Trial court's change of sentence in courtroom does not constitute violation of double jeopardy.
Criminal Law and Procedure Jul. 11, 2002
People v. Rodriguez
Trial court record must be reconstructed where portion of the proceedings was not transcribed.
Criminal Law and Procedure Jul. 11, 2002
People v. Luther
Only one mandatory parole period applicable to defendant with consecutive sentences.
Criminal Law and Procedure Jul. 11, 2002
People v. Caldwell
Failure to include mental state element in jury instruction for attempted murder did not constitute plain error.
Criminal Law and Procedure Jul. 11, 2002
Ramirez v. People
By Operation of law, decision of the court of appeals, is affirmed by equally divided court. See C.A.R. 35(e).
Criminal Law and Procedure Jul. 11, 2002
People v. Shepherd
Records of criminal convictions in other states sufficient to sustain habitual criminal adjudication.
Criminal Law and Procedure Jul. 11, 2002
People v. Allen
Inappropriate hypothetical given by trial court in response to jury inquiry did not constitute plain error.
Criminal Law and Procedure Jul. 11, 2002
People v. Sherman
Trial court's elaboration of reasonable doubt jury instruction did not violate defendant's due process rights.
Criminal Law and Procedure Jul. 11, 2002
People v. Ferguson
Trial court erred in giving self-defense jury instruction that included definition of deadly force.
Criminal Law and Procedure Jul. 11, 2002