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Name Category Published
US v. Clark
Order 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Oliver
Isolated comment during trial regarding defendant's exercise of Miranda rights was not prejudicial error. 		Criminal Law and Procedure Nov. 19, 2001
State v. Dawley (Barraza)
Driver is in 'actual physical control' of vehicle if, based on totality of circumstances, use of vehicle presented danger to himself or others. 		Criminal Law and Procedure Nov. 19, 2001
State v. Estrada
Eligibility for parole and drug treatment extends to defendants who possess paraphernalia. 		Criminal Law and Procedure Nov. 19, 2001
State v. Mangan
Error in jury instruction regarding defendant's accomplice liability for drug offense was harmless. 		Criminal Law and Procedure Nov. 19, 2001
Norgord v. State
Indecent exposure is sexual offense triggering victim's right to refuse defense interview. 		Criminal Law and Procedure Nov. 19, 2001
Mitchell v. Gibson
Death sentence is reversed where prosecution withheld exculpatory evidence which could have led to different sentence. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Gonzalez
Defendant deserved increased sentence for using minor to pass counterfeit money even though she may have been unaware of age of accomplice. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Mendoza-Ortiz
U.S. Customs agents are required to obtain warrant to search warehouse where lumber containing contraband was ultimately delivered. 		Criminal Law and Procedure Nov. 19, 2001
Miller v. Champion
Attorney was not ineffective when failure to advise defendant of elements of crime would not have changed plea. 		Criminal Law and Procedure Nov. 19, 2001
Fisher v. Gibson
Habeas petitions were properly denied as untimely because equitable tolling was not warranted. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Mendoza
Defendant who sold false documents to illegal immigrants may have his sentence enhanced for preying on especially vulnerable victims. 		Criminal Law and Procedure Nov. 19, 2001
People v. Frank
Trial court required to hold hearing to determine whether an inmate is entitled to earned-time credit. 		Criminal Law and Procedure Nov. 19, 2001
People v. Koehler
Defendant does not have constitutional right to be sentenced by same judge who accepted his plea. 		Criminal Law and Procedure Nov. 19, 2001
People v. Blankenship
Juvenile's statements to police admissible even though made outside presence of parent where juvenile was runaway. 		Criminal Law and Procedure Nov. 19, 2001
People v. Stephenson
Colorado does not recognize crime of 'attempted felony murder.' 		Criminal Law and Procedure Nov. 19, 2001
People v. Johnson
Conviction of criminal impersonation does not require act in addition to assumption of false identity. 		Criminal Law and Procedure Nov. 19, 2001
People v. Kenny
Attorney's suspension from practice of law does not necessarily amount to ineffective assistance of counsel. 		Criminal Law and Procedure Nov. 19, 2001
People v. Ramirez
Testimony of child witness that included inconsistencies was not 'incredible' as a matter of law. 		Criminal Law and Procedure Nov. 19, 2001
People v. Ellis
Firing weapon into crowded house constitutes 'universal malice' for purposes of 'attempted extreme indifference murder.' 		Criminal Law and Procedure Nov. 19, 2001
People v. Jurado
Improper jury instruction did not warrant reversal of conviction of sexual assault. 		Criminal Law and Procedure Nov. 19, 2001
People v. Davalos
Restitution can only be ordered for acts that take place within the applicable statute of limitations. 		Criminal Law and Procedure Nov. 19, 2001
Dubner v. City of San Francisco
Although identity of arresting officer remains unknown, claim for unlawful arrest based on lack of probable cause will go forward. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Price
Informant's out-of-court statements were admissible because defendant procured witness' unavailability. 		Criminal Law and Procedure Nov. 19, 2001
Engberg v. State of Wyoming
Habeas petitioner's claims of error don't warrant federal habeas relief and his ineffective assistance of counsel claims are procedurally barred. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Orso
Confession is admissible even though it was made immediately following statements made without 'Miranda' warning. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Lomow
Among other things, in ordering restitution, court errs in refusing to offset assets and payments made to victim by other parties. 		Criminal Law and Procedure Nov. 19, 2001
Martinez v. Klauser
Petition for habeas relief may proceed because of unclear state procedural rule. 		Criminal Law and Procedure Nov. 19, 2001
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief. 		Criminal Law and Procedure Nov. 19, 2001
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act. 		Criminal Law and Procedure Nov. 19, 2001
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