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Name Category Published
People v. Brown
DNA evidence is admissible because scientists followed proper laboratory procedures.
Criminal Law and Procedure Sep. 12, 2001
People v. Tapia
When defendant's probation has expired, order finding him in violation is void and court doesn't have jurisdiction to extend probation term.
Criminal Law and Procedure Sep. 12, 2001
Martin v. People
Trial court incorrectly added period of parole to defendant's sentence because parole board has sole discretionary authority to determine defendant's parole eligibility.
Criminal Law and Procedure Sep. 11, 2001
People v. Sandoval
Order
Criminal Law and Procedure Sep. 11, 2001
People v. Hardacre
Sexually violent predator who failed to complete therapy or show that he was able to control his pedophilia was properly recommitted.
Criminal Law and Procedure Sep. 11, 2001
People v. Harrah
Order
Criminal Law and Procedure Sep. 11, 2001
People v. Gordon
Ceramic pieces of spark plug aren't burglar's tools within meaning of statute providing for possession of burglar's tools.
Criminal Law and Procedure Sep. 11, 2001
Anthony L. v. Superior Court (People)
Street Terrorism Enforcement and Prevention Act was intended to punish both felony and misdemeanor crimes committed in furtherance of criminal street gang.
Criminal Law and Procedure Sep. 11, 2001
People v. Thomas
No federal constitutional violation occurred where defense counsel waived defendant's state statutory right to jury trial on prior prison term allegations.
Criminal Law and Procedure Sep. 11, 2001
People v. Sengpadychith
Court erred when it failed to find specific felonies comprising gang's primary activities.
Criminal Law and Procedure Sep. 11, 2001
People v. Lewis
First-degree murder conviction upheld despite problems with testimony of primary witness.
Criminal Law and Procedure Sep. 11, 2001
People v. Collins
Waiver of jury trial obtained by court's assurance of an unspecified benefit isn't valid waiver.
Criminal Law and Procedure Sep. 11, 2001
People v. Ochoa
Death penalty sentence stands for defendant convicted of multiple counts of first degree murder committed during robbery.
Criminal Law and Procedure Sep. 11, 2001
People v. Vargas
Defendant's numerous challenges to sentence for conspiracy and murder are without merit.
Criminal Law and Procedure Sep. 11, 2001
People v. Saiz
Trial court acted within discretion, concluding purpose of videotaped statements had been accomplished through cross-examination of detective who took original statement.
Criminal Law and Procedure Sep. 11, 2001
Johnson v. Gibson
Order
Criminal Law and Procedure Sep. 10, 2001
Daniels v. U.S.
Petitioner's request for permission to file successive habeas petition is denied because claim fails 'Teague' inquiry.
Criminal Law and Procedure Sep. 10, 2001
Murtishaw v. Woodford
Death sentence reversed because court gave erroneous jury instruction that resulted in ex post facto violation.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Riggans
Failure to instruct jury on crime element didn't affect trial's fairness and court correctly decided that bank larceny was crime of violence.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Najjor
Court errs in failing to consider all evidence in calculating amount of restitution owed to bank.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Barrios-Gutierrez
At plea colloquy, court need only give notice of maximum possible penalty provided by law, and not defendant's actual maximum sentence.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Cernobyl
Sentence for drug possession may not be based on quantities not alleged in indictment and proved beyond reasonable doubt.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Rodriguez-Cruz
Defendant convicted of smuggling aliens deserves greater sentence when alien froze to death during rare mountain snowstorm.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Tan
Defendant's seven prior drunk-driving convictions are properly offered to prove malice element of second-degree murder charge.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Sar-Avi
Although plea agreement did not prohibit defendant's request for return of forfeited bond, request was properly denied in light of defendant's 'chutzpah.'
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Jordan
Defendant must be resentenced because disproportionate impact of enhancements requires proof by clear and convincing evidence.
Criminal Law and Procedure Sep. 10, 2001
Moore v. Marr
Individual convicted of first-degree assault is denied habeas relief based on ineffective assistance of counsel.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Murillo
Evidence of defendant's car rental history admissible to show knowledge that drugs were hidden in car.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Sullivan
Applying amended sentencing guidelines to defendant's offenses committed before amendment violates ex post facto clause.
Criminal Law and Procedure Sep. 10, 2001
Arizona v. Olcavage (Adair)
Phlebotomists are qualified to draw blood without doctor supervision for DUI purposes.
Criminal Law and Procedure Sep. 10, 2001