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Name Category Published
People v. Turner
Defendant's failure to timely file motion to withdraw guilty plea waived right to appeal.
Criminal Law and Procedure Apr. 8, 2002
Manduley v. Superior Court (People)
Welfare and Institutions Code Section 707(d), allowing prosecutors to bring charges against minors directly in criminal court, is constitutional.
Criminal Law and Procedure Apr. 5, 2002
People v. McGarry
Prisoner's monetary credit must be applied proportionally among obligations to pay base fine, penalties, restitution.
Criminal Law and Procedure Apr. 5, 2002
People v. Hunter
Because defendant failed to file motion to suppress evidence uncovered in execution of search warrant, his challenge is not cognizable on appeal.
Criminal Law and Procedure Apr. 5, 2002
People v. McKay
Custodial arrests for fine-only offenses do not violate Fourth Amendment.
Criminal Law and Procedure Apr. 5, 2002
People v. Kozlowski
PIN code is property for purposes of kidnapping for extortion conviction.
Criminal Law and Procedure Apr. 5, 2002
U.S. v. Molina-Tarazon
Removal of fuel tank at border checkpoint is not routine search for which no suspicion is required.
Criminal Law and Procedure Apr. 5, 2002
U.S. v. Hill
Accessory indictment that fails to specify principal's crime is not legally sufficient.
Criminal Law and Procedure Apr. 5, 2002
Brown v. Roe
Dismissal of petition for writ of habeas corpus as untimely is improper.
Criminal Law and Procedure Apr. 5, 2002
People v. Smith
Police were authorized to search purse of woman residing in same room as probationer suspected of drug offense.
Criminal Law and Procedure Apr. 5, 2002
Wai Silva v. Woodford
Death row inmate was improperly denied evidentiary hearing to determine existence of alleged 'Brady' violation.
Criminal Law and Procedure Apr. 5, 2002
U.S. v. Hardy
In determining defendant's sentence, district court should have used wholesale value of stolen goods in calculating victim's loss.
Criminal Law and Procedure Apr. 5, 2002
People v. Iniguez
Conviction for conspiracy to commit attempted murder is reversed because offense does not exist.
Criminal Law and Procedure Apr. 4, 2002
People v. McNamee
Penal Code Section 2933.2(c) bars presentence conduct credits against determinate and indeterminate terms of convicted murderer's sentence.
Criminal Law and Procedure Apr. 4, 2002
People v. Engelman
Jurors can be instructed to notify court if another juror expresses intention to disregard law in reaching verdict.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Gill
In determining drug quantity for sentencing purposes, court should have used preponderance-of-evidence standard.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Mills
Statement that defendant was 'probably an old hippie' who smoked marijuana from juror who was neighbor of defendant wasn't prejudicial.
Criminal Law and Procedure Apr. 3, 2002
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit.
Criminal Law and Procedure Apr. 3, 2002
U. S. v. Male Juvenile (Pierre Y.)
Federal district court had criminal jurisdiction over Native American juvenile adjudged juvenile delinquent for committing burglaries.
Criminal Law and Procedure Apr. 3, 2002
People v. Lawley
Death-row inmate's sentence was improper as to conspiracy count since sentence already imposed for murder.
Criminal Law and Procedure Apr. 3, 2002
Marks v. Superior Court (People)
In death penalty cases, although habeas corpus counsel may make suggestions, appellate counsel has ultimate control of record correction process.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Watkins
Misbranding liability under Food, Drug, and Cosmetic Act requires proof of materiality under theories of intent to defraud or mislead.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Martin
Leadership enhancement applied to money laundering and mail fraud does not qualify as 'impermissible double counting.'
Criminal Law and Procedure Apr. 3, 2002
Robinson v. Solano County
Police officers are immune from federal claim they used excessive force in seizing at gunpoint unarmed man suspected of shooting dogs.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Khatami
'Corruptly persuades' language of statute encompasses non-coercive attempt to tamper with prospective witnesses.
Criminal Law and Procedure Apr. 3, 2002
People v. Willis
Court's failure to reseat new jury panel after finding defendant used peremptory challenges in racially biased manner constitutes prejudicial error.
Criminal Law and Procedure Apr. 3, 2002
State v. Rosas-Hernandez
Witness may invoke right against self-incrimination while petition for post-conviction relief is pending.
Criminal Law and Procedure Apr. 2, 2002
Arizona v. Flores
Without defendant's suppressed statements, there exists a lack of corpus delecti to maintain charge of narcotics sale
Criminal Law and Procedure Apr. 2, 2002
City of Los Angeles v. Superior Court (Davenport)
Whether defendant has shown good cause in 'Pitchess' motion should be tested by adversarial proceedings whenever possible.
Criminal Law and Procedure Apr. 2, 2002
People v. Hargrove
Trial court does not err in its instructions on prosecutor's theories of first-degree murder.
Criminal Law and Procedure Apr. 2, 2002