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Name Category Published
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error.
Criminal Law and Procedure Nov. 18, 2001
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury.
Criminal Law and Procedure Nov. 18, 2001
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence.
Criminal Law and Procedure Nov. 18, 2001
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence.
Criminal Law and Procedure Nov. 18, 2001
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum.
Criminal Law and Procedure Nov. 18, 2001
People v. Lugas
Statutory amendment making issuance of certificate of rehabilitation discretionary, rather than mandatory, isn't ex post facto law.
Criminal Law and Procedure Nov. 15, 2001
State v. Bernal
Charge of homicide by controlled substance dismissed because state failed to show that victim died after ingesting drugs delivered by defendant.
Criminal Law and Procedure Nov. 15, 2001
State v. Osalde
Victim's testimony of psychological abuse adequately supports exceptional sentence for domestic violence involving prolonged pattern of abuse.
Criminal Law and Procedure Nov. 15, 2001
U.S. v. Macias
Order
Criminal Law and Procedure Nov. 15, 2001
Whittier v. Hargett
Order
Criminal Law and Procedure Nov. 14, 2001
Weighall v. Middle
If state's application of federal law on ineffective assistance of counsel isn't clearly erroneous or unreasonable petitioner is not entitled to federal habeas relief.
Criminal Law and Procedure Nov. 14, 2001
U.S. v. Maddux
Order
Criminal Law and Procedure Nov. 14, 2001
People v. Valley
Order
Criminal Law and Procedure Nov. 13, 2001
People v. Rowland
Order
Criminal Law and Procedure Nov. 13, 2001
People v. Rowland
Trial court abuses its discretion when it removes a juror, for allegedly failing to deliberate, without first making an adequate inquiry.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Constantine
Obsessive compulsive disorder did not negate crime of attaching silencer to gun in facilitation of felony.
Criminal Law and Procedure Nov. 13, 2001
Woodward v. Williams
Hearsay statement was admissible excited utterance and did not violate confrontation clause.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Zubia-Melendez
Court correctly denies motion to suppress evidence seized during search of defendant's vehicle when probable cause supported stop and consent was voluntary.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Busekros
Court erred in denying federal benefits in case where defendant assisted government in prosecuting gang leaders.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Elliott
Defendant's waiver of right to appeal conviction includes waiver of right to appeal district court's denial of motion to withdraw guilty plea.
Criminal Law and Procedure Nov. 13, 2001
US v. Pompey
Court did not err in finding defendant competent to stand trial.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Rodriguez-Aguirre
Among other things, court errs in dismissing case for lack of standing and applying doctrine of laches when applicable statute of limitations exists.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Santana-Garcia
Motion to suppress is reversed where officer had probable cause to detain suspects at time of their consent to search.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Ochoa-Gaytan
Criminal defendant may be eligible for reduced sentence for acceptance of responsibility despite refusal to plead guilty.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Sparks
Defendant's prior conviction did not qualify him for sentencing under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 13, 2001
People v. International Fidelity Insurance Co.
Failure to adhere to requirements of Penal Code Sections 1305 and 1306 voided summary judgment on bail bond.
Criminal Law and Procedure Nov. 13, 2001
Campbell v. Rice
Habeas petition granted for ineffective assistance of counsel where defense attorney was facing felony drug charges from same prosecutorial agency.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. West Coast Aluminum Heat Treating Co.
Court did not err by using loss calculation based on government's net profit analysis in determining fine to be imposed on defendants.
Criminal Law and Procedure Nov. 13, 2001