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Name Category Published
Martin v. People
Conviction for sexual offense occurring before enactment of statute subject to discretionary parole not to exceed remainder of maximum sentence of incarceration.
Criminal Law and Procedure Sep. 6, 2001
People v. Schofield
Warrantless arrest permitted to prevent destruction of evidence when misdemeanor is not committed in officer's presence.
Criminal Law and Procedure Sep. 6, 2001
People v. Dubon
Alien who pleaded nolo contendere is deemed to have received advisement of immigration consequences despite lack of official transcript of hearing.
Criminal Law and Procedure Sep. 6, 2001
People v. Solis
Other than one minor sentencing claim, court rejects defendant's challenge to sentencing and sufficiency of evidence.
Criminal Law and Procedure Sep. 6, 2001
People v. Hutchins
Sentence enhancement for using firearm to commit murder did not expose defendant to double punishment for single crime.
Criminal Law and Procedure Sep. 6, 2001
In re Alex M.
When statute underlying delinquency plea is unconstitutional and juvenile violates probation, plea agreement should be vacated and previously dismissed charges reinstated.
Criminal Law and Procedure Sep. 5, 2001
State v. Green
Probative value of defendant's prior convictions occurring 15 years earlier is outweighed by their prejudicial effect.
Criminal Law and Procedure Sep. 5, 2001
In re Joel R.
When pursing fleeing vehicle, statute requires law enforcement officers to use siren or other audible warning only 'as reasonably necessary.'
Criminal Law and Procedure Sep. 5, 2001
People v. Montes
Conviction for 'penetration by foreign object on person under 14' is violent felony under 'three strikes.'
Criminal Law and Procedure Sep. 5, 2001
People v. Stewart
Defendant's right to equal protection violated when two statutes provided different punishments for same offense.
Criminal Law and Procedure Sep. 5, 2001
People v. Saleh
Defendant's use of foot to kick victim did not constitute use of deadly weapon to establish second degree assault.
Criminal Law and Procedure Sep. 5, 2001
People v. Cardenas
No double jeopardy violation occurs when first trial ended in mistrial with no verdict returned.
Criminal Law and Procedure Sep. 5, 2001
People v. Dieguez
Jury instruction was valid, counsel wasn't ineffective and defendant who partially committed crime in two counties may be tried in either.
Criminal Law and Procedure Sep. 3, 2001
State v. Brooks
Court errs in imposing Drug Offender Sentencing Alternative sentence by miscalculating the standard range of defendant's sentence.
Criminal Law and Procedure Sep. 3, 2001
State v. Moon
Conviction is reversed because guilty plea based on misinformation is involuntary.
Criminal Law and Procedure Sep. 3, 2001
State v. Valentine
Conviction for assault and attempted murder stemming from same act violates double jeopardy.
Criminal Law and Procedure Sep. 3, 2001
People v. Davis
Evidence of uncharged sexual offenses with minors are properly admitted in a defendant's trial for committing a lewd act upon a child.
Criminal Law and Procedure Aug. 31, 2001
Hasan v. Galaza
Habeas petition is not untimely if filed within one year of learning of facts giving rise to the claim.
Criminal Law and Procedure Aug. 30, 2001
People v. Buckhalter
Convicted third-strike felon may earn custody credits for actual time served while awaiting resentencing, but other credits are unavailable.
Criminal Law and Procedure Aug. 29, 2001
State v. Vrieling
Search of motor home defendant was driving was not unconstitutional.
Criminal Law and Procedure Aug. 28, 2001
State v. Hurt
Defendant's guilty plea was not voluntary where he was unaware of statutory two-year minimum community placement requirement for vehicular manslaughter.
Criminal Law and Procedure Aug. 28, 2001
State v. Prestegard
Court erred in not allowing defendant to rebut state's case by presenting evidence that sheriff's department habitually lost documents.
Criminal Law and Procedure Aug. 28, 2001
U.S. v. Hernandez-Ramirez
Submitting false financial affidavit in order to obtain appointed counsel is sufficiently related to prosecution of offense to support upward sentencing adjustment.
Criminal Law and Procedure Aug. 24, 2001
People v. Williams
Order
Criminal Law and Procedure Aug. 24, 2001
U.S. v. Pierre
Because court's instructions on self-defense may have misled jury as to burden of proof, error isn't harmless beyond a reasonable doubt.
Criminal Law and Procedure Aug. 24, 2001
State v. Timothy K.
Defendant may be convicted of both malicious mischief and malicious harassment based on single incident.
Criminal Law and Procedure Aug. 24, 2001
State v. Dunn
Although preprinted rights forms did not adequately advise defendants of right to attorney, no harm occurred and evidence should be admitted.
Criminal Law and Procedure Aug. 24, 2001
Monroe v. State
Trial court did not adopt safeguards to prevent undue emphasis on certain testimony reviewed during jury deliberations.
Criminal Law and Procedure Aug. 24, 2001
U.S. v. Garrett
Court has jurisdiction to revoke defendant's supervised release after term has expired because revocation warrant predated expiration and delay was reasonably necessary.
Criminal Law and Procedure Aug. 23, 2001
United States v. Arias
Sentencing for obstruction of witness testimony is determined by level of crime obstructed, not by guilt on underlying offense.
Criminal Law and Procedure Aug. 23, 2001