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Ainsworth v. Woodford
Defendant, whose attorney failed to investigate and present mitigating evidence at penalty phase of trial, received ineffective assistance.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Hannah
Court did not provide adequate explanation for three level upward departure in defendant's sentence.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Summers
Fourth Amendment was not violated by voluntary police stop, jury instructions were not confusing, and Armed Career Criminal Act is facially constitutional.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Chavez- Valenzuela
Fourth Amendment violation is found when driver's nervousness was not sufficient factor for reasonable suspicion to warrant officer's request of vehicle search.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Adams
Trial court did not err by excluding expert testimony that merely vouched for credibility of another witness.
Criminal Law and Procedure Dec. 4, 2001
US v. Sherwin
Patrol car door qualifies as dangerous weapon for purposes of applying sentencing guidelines of aggravated assault offense.
Criminal Law and Procedure Dec. 4, 2001
U.S. v. Williams
Nervousness of driver and discrepancy of car rental papers justified search of automobile.
Criminal Law and Procedure Dec. 4, 2001
State v. Fire
Defendant was not prejudiced when required to use peremptory challenge to excuse juror who should have been dismissed for cause.
Criminal Law and Procedure Dec. 4, 2001
People v. Mabini
Testimony of child with whom defendant committed similar acts of child molestation was sufficient to corroborate victim's testimony.
Criminal Law and Procedure Dec. 3, 2001
State v. Rasmussen
Defendant sentenced for four offenses on same day should have received concurrent sentences.
Criminal Law and Procedure Nov. 30, 2001
State v. Vasquez
Licensing department's findings regarding probable cause do not prevent trial court from revisiting issue.
Criminal Law and Procedure Nov. 30, 2001
State v. DeVries
Juvenile defendant denied right to present closing argument is entitled to new trial.
Criminal Law and Procedure Nov. 30, 2001
U.S. v. Hanson
Upward sentence departure for pre-meditated murder appropriate.
Criminal Law and Procedure Nov. 30, 2001
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error.
Criminal Law and Procedure Nov. 29, 2001
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Minjares-Alvarez
Among other things, suppression of defendant's statements made to federal agents isn't appropriate remedy for violation of Vienna Convention on Consular Relations.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Purdy
Statute which prosecutes 'unlawful users of controlled substances' survives vagueness challenge.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Smith
Completion of first step in process of manufacturing methamphetamine constituted substantial step and warranted imposing longer sentence.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Davis
Court did not depart downward based on defendant's diminished mental capacity because criminal history demonstrated need for incarceration to protect public.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Cannon
Storage rooms connected to guest house are within curtilage of main house and therefore are covered by search warrant.
Criminal Law and Procedure Nov. 29, 2001
Wixom v. State
Habeas petition is properly denied as untimely where prisoner did not file appeal until more than year after conclusion of direct review.
Criminal Law and Procedure Nov. 29, 2001
U.S. v. Bishop
Evidence admitted from illegal vehicle stop was not harmless error because it was principal basis for drug conspiracy conviction.
Criminal Law and Procedure Nov. 29, 2001
Welch v. Newland
Because prisoner's state habeas petition was pending, statute of limitations was tolled for filing of federal habeas petition.
Criminal Law and Procedure Nov. 29, 2001
Spears v. Stewart
Arizona's system for appointing counsel for indigent capital defendants in state post-conviction proceedings meets requirements for special habeas corpus procedures.
Criminal Law and Procedure Nov. 29, 2001
People v. Briscoe
Defendant's challenges to jury instructions and conviction of special circumstances murder under provocative act murder doctrine are without merit.
Criminal Law and Procedure Nov. 29, 2001
Summerlin v. Stewart
Habeas petitioner is entitled to evidentiary hearing on mental competency of trial judge, who allegedly used marijuana during trial and sentencing.
Criminal Law and Procedure Nov. 29, 2001
In re Robbie
Trial court abuses discretion in admitting expert testimony constituting improper profile evidence.
Criminal Law and Procedure Nov. 29, 2001
Phillips v. Woodford
Defendant sentenced to death is entitled to new hearing because prosecutor may have presented false testimony during trial.
Criminal Law and Procedure Nov. 29, 2001
People v. Belmudes
Attempted robbery conviction is not violent offense eligible for gang enhancement.
Criminal Law and Procedure Nov. 29, 2001