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Name Category Published
U.S. v. Reaves
Use of computer images to seduce child into engaging in sexually explicit activity warrants increase in sentence by two levels.
Criminal Law and Procedure Aug. 23, 2001
Tillema v. Long
Period for filing federal habeas petition is tolled during pendency of state challenge of judgment regardless of whether same claims are asserted.
Criminal Law and Procedure Aug. 23, 2001
U.S. v. Willie
Court properly applies both force and age sentence enhancements where victim of sexual assault is under 12 years old.
Criminal Law and Procedure Aug. 23, 2001
U.S. v. Suitor
Evidence supported sentence enhancements for conspiracy leader.
Criminal Law and Procedure Aug. 23, 2001
U.S. v. Disney
Threat to DEA agent must have been of immediate harm to justify revocation of defendant's supervised release.
Criminal Law and Procedure Aug. 23, 2001
U.S. v. Swanson
Two level sentence enhancement was proper where defendant obstructed justice by fleeing halfway house.
Criminal Law and Procedure Aug. 23, 2001
People v. Turner
Prosecutor's dismissal of jurors from city with substantial black population is 'mere surrogate or proxy' for group bias.
Criminal Law and Procedure Aug. 23, 2001
People v. Martin
Momentary or transitory handling of controlled substance for purpose of disposal is defense to possession charge.
Criminal Law and Procedure Aug. 23, 2001
People v. Pollard
Bail bondsman has no interest in client's property purchased with embezzled funds.
Criminal Law and Procedure Aug. 23, 2001
State of Idaho v. Horiuchi
FBI agent isn't entitled to dismissal of state criminal proceedings based on immunity when use of deadly force may have been unreasonable.
Criminal Law and Procedure Aug. 23, 2001
U.S. v. Sesma-Hernandez
When revoking probation, court must make sufficient findings on record to identify violation and evidence supporting it.
Criminal Law and Procedure Aug. 23, 2001
In re Ivey
Ability to pay is not element of criminal contempt where family court has already determined issue.
Criminal Law and Procedure Aug. 22, 2001
People v. Walker
Court doesn't have authority to order convicted man to submit blood and saliva samples.
Criminal Law and Procedure Aug. 22, 2001
In re Joseph F.
Police officer did not use excessive force in restraining juvenile on middle school grounds without permission.
Criminal Law and Procedure Aug. 22, 2001
People v. Nguyen
Jury instruction that victim of robbery need not own, possess, or be in control of property taken is not harmless error.
Criminal Law and Procedure Aug. 22, 2001
People v. Tindall
Trial court abused its discretion by allowing prosecution to add prior-conviction allegations before sentencing but after discharge of jury.
Criminal Law and Procedure Aug. 22, 2001
People v. Mazurette
Defendant may not appeal admission of evidence when she pleaded no contest and received deferred entry of judgment.
Criminal Law and Procedure Aug. 22, 2001
People v. Collins
Trial court justified in dismissing burglary charges where elements of crime not shown at preliminary hearing.
Criminal Law and Procedure Aug. 22, 2001
People v. Morgan
Attorney's failure to determine, before entry of plea, whether foreign convictions charged as strikes are strikes under California law constitutes ineffective assistance.
Criminal Law and Procedure Aug. 22, 2001
People v. Toledo
Defendant committed crime of attempted criminal threat when he threatened to kill his wife.
Criminal Law and Procedure Aug. 22, 2001
People v. Otto
Multiple hearsay documentary evidence in sexually violent predator proceeding is permitted by statute and does not violate due process.
Criminal Law and Procedure Aug. 22, 2001
State v. Hernandez
Defendant not entitled to jury instructions on entrapment defense when he fails to demonstrate that law enforcement agent originated idea of drug sale.
Criminal Law and Procedure Aug. 21, 2001
People v. Griffin
Burglary may be found if entry was made to facilitate subsequent crime not sharing attributes of proximity in time and place.
Criminal Law and Procedure Aug. 21, 2001
People v. Catlin
Petitioner's numerous challenges to guilt and penalty phases of trial, resulting in death sentence, are without merit.
Criminal Law and Procedure Aug. 21, 2001
Personal Restraint Petition of Connick
Multiple prior convictions that do not involve same criminal conduct each count toward sentence for current offense.
Criminal Law and Procedure Aug. 19, 2001
Richardson v. People
In possession of controlled substance case, government must produce evidence other than possession to allow element of knowledge to go to jury.
Criminal Law and Procedure Aug. 15, 2001
People v. Williams
Court may discharge juror who is unable or unwilling to render verdict in accordance with court's instructions on law.
Criminal Law and Procedure Aug. 14, 2001
City of Bellevue v. Hellenthal
Certificate authenticating speed measuring device need not be prepared by police officer to be admissible in court.
Criminal Law and Procedure Aug. 14, 2001
People v. Quinn
Evidence that defendant is dangerous and mentally retarded is sufficient to authorize involuntary confinement.
Criminal Law and Procedure Aug. 14, 2001
People v. Carlisle
When defendant unequivocally requests to represent himself, court's failure to allow him to proceed pro per is reversible error.
Criminal Law and Procedure Aug. 14, 2001