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Name Category Published
U.S. v. Carter
Transportation of minor with intent to force minor to engage in prostitution constitutes crime of violence for sentencing purposes.
Criminal Law and Procedure Jan. 27, 2002
People v. Norris
Prior conviction was properly applied to enhance sentence despite trial court's grant of motion for acquittal.
Criminal Law and Procedure Jan. 25, 2002
U.S. v. Geborde
'Failing to register' homemade drug was essential element necessary to convict under Food Drug and Cosmetic Act.
Criminal Law and Procedure Jan. 25, 2002
People v. Brach
Claim contesting reimbursement for marijuana eradication expenses as condition of probation is waived when defendants' failed to raise objections to trial court.
Criminal Law and Procedure Jan. 25, 2002
Anderson v. Davis
Motion for injunction against execution is denied when there is no substantial likelihood of success on merits that governor violated constitutional protections.
Criminal Law and Procedure Jan. 25, 2002
Arturo D., a Minor
In traffic stop, police may only search portion of vehicle's interior likely to contain driver identification or registration documents.
Criminal Law and Procedure Jan. 23, 2002
Landrigan v. Stewart
There was no prejudicial error in death sentence where attorney tried to present mitigating evidence but defendant refused to cooperate.
Criminal Law and Procedure Jan. 23, 2002
U.S. v. Pizzichiello
Two-level enhancement for obstruction of justice when connected to instant offense of conviction, and downward departure refusal were proper.
Criminal Law and Procedure Jan. 23, 2002
Pacheco-Camacho v. Hood
Bureau of Prisons' calculation of good time credits based on time actually served is not unreasonable.
Criminal Law and Procedure Jan. 23, 2002
State v. McMahon
Law prohibiting exhibition of speed while driving automobile is not unconstitutionally vague.
Criminal Law and Procedure Jan. 23, 2002
People v. Moss
Order
Criminal Law and Procedure Jan. 23, 2002
Fail v. Hubbard
There is no equitable tolling under AEDPA where petitioner's dismissal results from routine delay.
Criminal Law and Procedure Jan. 22, 2002
State v. Cox
Court was authorized to enhance defendant's sentence based on previously overlooked provision regarding mandatory community placement.
Criminal Law and Procedure Jan. 22, 2002
State v. Law
Convicted defendant held in custody but not sentenced is guilty of second-degree escape for failure to return from authorized court leave.
Criminal Law and Procedure Jan. 22, 2002
Arturo D., a Minor
Order
Criminal Law and Procedure Jan. 22, 2002
Lee v. Kemna Supt. Crossroads
When petitioner fails to show cause for default and prejudice or actual innocence, denial of federal habeas petition correct.
Criminal Law and Procedure Jan. 21, 2002
People v. Avery
Record of out of state conviction is insufficient to constitute 'strike' under sentencing law.
Criminal Law and Procedure Jan. 17, 2002
People v. Avery
Record of out of state conviction is insufficient to constitute 'strike' under sentencing law.
Criminal Law and Procedure Jan. 17, 2002
U.S. v. Arvizu
Vehicle stop not based on reasonable suspicion taints evidence seized as a result of ensuing search and the illegality is not purged by driver's consent.
Criminal Law and Procedure Jan. 15, 2002
Sallahdin v. Gibson
Trial counsel may have been ineffective in failing to present steroid-use evidence during second stage of trial.
Criminal Law and Procedure Jan. 15, 2002
Beem v. McKune
Defendants' due process rights were violated because they were sentenced for crime for which they were neither charged, tried nor convicted.
Criminal Law and Procedure Jan. 15, 2002
State of Arizona v. Cox
Court erred when it found defendant committed current offense while on release from confinement.
Criminal Law and Procedure Jan. 15, 2002
State v. Ramires
Erroneously admitted hearsay statements did not materially affect outcome of defendant's murder trial.
Criminal Law and Procedure Jan. 15, 2002
U.S. v. Ojeda
Evidence of drug lab seized from warrantless search of residential garage was admissible at trial.
Criminal Law and Procedure Jan. 14, 2002
Blair v. Crawford
Petition for extraordinary writ was properly filed with state court and tolled Antiterrorism and Effective Death Penalty Act's one-year limitations period.
Criminal Law and Procedure Jan. 14, 2002
Kelly v. State
Death sentence is reversed where court failed to instruct jury that parole was not available and evidence addressed future dangerousness.
Criminal Law and Procedure Jan. 14, 2002
Patton v. People
Defendant sufficiently demonstrated double jeopardy violation.
Criminal Law and Procedure Jan. 14, 2002
State v. Moses
State may prosecute defendant previously convicted in tribal court without violating double jeopardy.
Criminal Law and Procedure Jan. 14, 2002
State v. Cox
Defendant can be convicted of both summary contempt and attempted first-degree escape based on same incident.
Criminal Law and Procedure Jan. 14, 2002
State v. Teitzel
Defendant's prior convictions for driving under influence may be used to enhance sentence.
Criminal Law and Procedure Jan. 14, 2002