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Name Category Published
U.S. v. Urcino-Sotello
Court has discretion to impose consecutive or concurrent sentences in cases of supervised release violations.
Criminal Law and Procedure Dec. 13, 2001
U.S. v. Bushyhead
FBI agent shouldn't have been allowed to testify as to what defendant said when he invoked his right to silence.
Criminal Law and Procedure Dec. 13, 2001
U.S. v. Walters
Criminal defendant was entitled to ruling on motion for reduced sentence due to victim's conduct.
Criminal Law and Procedure Dec. 13, 2001
Mayfield v. Woodford
Ineffective assistance of counsel at penalty phase of capital case may have affected jury's decision and warrants new sentencing proceeding.
Criminal Law and Procedure Dec. 13, 2001
Herreweghe v. State of Arizona
Felony DUI defendant's constitutional and statutory right to a reasonable opportunity to gather exculpatory evanescent evidence doesn't require his immediate release on bail.
Criminal Law and Procedure Dec. 12, 2001
State v. Cuble
Conviction for firearms possession reversed because of defective jury instructions.
Criminal Law and Procedure Dec. 11, 2001
U.S. v. Highsmith
Sentence enhancement for possession of weapon was not justified where evidence was insufficient to prove defendant's knowledge of its presence.
Criminal Law and Procedure Dec. 11, 2001
Gunderson v. Hood
Bureau of Prisons Program statement may be applied to deny early release to prisoner who participates in drug rehabilitation program.
Criminal Law and Procedure Dec. 11, 2001
State v. Fisher
Issuance of bench warrant for defendant who violated condition of release does not require showing of probable cause.
Criminal Law and Procedure Dec. 11, 2001
People v. Lawrence
Statements made to wildlife officers during non-custodial interview admissible in trial on wildlife destruction charges.
Criminal Law and Procedure Dec. 10, 2001
Thomas v. Hubbard
Several serious trial errors violated defendant's right to due process.
Criminal Law and Procedure Dec. 10, 2001
People v. Wiley
Trial court did not err in admitting evidence where defendant consented to search.
Criminal Law and Procedure Dec. 10, 2001
U.S. v. Knights
Warrantless search supported by reasonable suspicion and permitted by probation condition does not violate Fourth Amendment.
Criminal Law and Procedure Dec. 10, 2001
U.S. v. Knights
Probation searches must be conducted for probation purposes only, not as part of separate criminal investigation.
Criminal Law and Procedure Dec. 10, 2001
People v. Fennell
Right to speedy trial not violated where defendant was not convicted after a trial.
Criminal Law and Procedure Dec. 10, 2001
In re Phelps
Law prohibiting fraud against homeowner facing foreclosure does not apply when owner does not reside in home.
Criminal Law and Procedure Dec. 10, 2001
People v. Fox
Because defendant's prior Oregon conviction is a lewd and lascivious act regardless of intent, it constitutes a strike under California law.
Criminal Law and Procedure Dec. 10, 2001
Wooten v. Superior Court (People)
Pimping and pandering charges are set aside where there was no prostitution, which requires bodily contact between prostitute and customer.
Criminal Law and Procedure Dec. 10, 2001
People v. Renteria
When alternate juror is seated after deliberations have begun, court must instruct jury to begin deliberations anew.
Criminal Law and Procedure Dec. 10, 2001
In re DeLong
Defendant found guilty but sentenced after drug probation initiative's effective date is convicted after effective date, and comes within ambit of proposition.
Criminal Law and Procedure Dec. 10, 2001
People v. Rugamas
Court ordered restitution, imposed for reformation and rehabilitation, is authorized by statute.
Criminal Law and Procedure Dec. 10, 2001
People v. Bianco
Court acted within its discretion in imposing probation condition prohibiting defendant, who obtained recommendation for medicinal marijuana, from using or possessing marijuana.
Criminal Law and Procedure Dec. 10, 2001
People v. Acevedo
Court prejudicially erred in precluding cross-examination about partition ratio used to convert urine-alcohol measurement into blood-alcohol equivalent.
Criminal Law and Procedure Dec. 10, 2001
State v. Armstrong
Defendant who violated plea agreement cannot withdraw guilty plea, and state may file additional charges.
Criminal Law and Procedure Dec. 10, 2001
People v. McPherson
Resentencing of defendant to department of corrections after rejection of community corrections did not violate due process.
Criminal Law and Procedure Dec. 9, 2001
People v. Mancebo
Order
Criminal Law and Procedure Dec. 6, 2001
People v. Medina
Order
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Michaud
Police didn't initiate questioning after defendant invoked her right to counsel, therefore suppression motion was properly denied.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Adelzo-Gonzalez
Court abused its discretion by failing to make adequate inquiry into defendant's requests to substitute counsel.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Severino
Sentence of drug offender may be enhanced based on prior drug felony convictions so long as prosecution files information with court.
Criminal Law and Procedure Dec. 6, 2001