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People v. Martinez
Advisement of prospective jurors of possible death penalty did not deprive defendant of fair and impartial trial.Colorado Court of Appeals.
Criminal Law and Procedure Jul. 29, 2001
State v. Lopez
Because defense counsel didn't challenge state's failure to prove defendant had previous serious conviction, defendant's unlawful possession of firearm conviction is reversed.
Criminal Law and Procedure Jul. 29, 2001
State v. Reynolds
Defendant failed to prove involuntarily abandonment of property where he did not show substantial nexus between abandonment and alleged illegal police conduct.
Criminal Law and Procedure Jul. 29, 2001
State v. Marshall
Where defendant moves to withdraw guilty plea with evidence that he was incompetent, court must either grant motion or convene competency hearing.
Criminal Law and Procedure Jul. 29, 2001
People v. Toledo
Victim need neither hear threat nor have sustained fear for accused to be guilty of attempted terrorist threat.
Criminal Law and Procedure Jul. 25, 2001
United States v. Morales
Anonymous tip was not reliable enough to establish reasonable suspicion that defendant was engaged in criminal activity.
Criminal Law and Procedure Jul. 25, 2001
Mak v. FBI
Without proper demand from state court, FBI does not have to disclose identities of informants to capital defendant.
Criminal Law and Procedure Jul. 25, 2001
People v. Ansell
State law denying 'certificates of rehabilitation' to convicted child molesters enacted after crime was committed does not violate ex post facto principles.
Criminal Law and Procedure Jul. 25, 2001
US v. Browning
Police had probable cause to stop defendant and his incriminating statements to DEA agents weren't inadmissible as statements made during plea negotiations.
Criminal Law and Procedure Jul. 25, 2001
People v. Cheek
At show cause hearing, defendant committed as sexually violent predator has right to present oral testimony, call witnesses and cross-examine State's witnesses.
Criminal Law and Procedure Jul. 25, 2001
United States v Steffen
Inducing another to cross state lines to fraudulently deliver money is travel fraud, even if money did not belong to person defrauded.
Criminal Law and Procedure Jul. 25, 2001
Alvarado v. Hill
Oregon law requiring 17-year old to be tried as adult for robbery is constitutional.
Criminal Law and Procedure Jul. 25, 2001
Albertson v. Superior Court( People of State of California)
District Attorney's request to update evaluations for defendant's trial under Sexually Violent Predator Act is controlled by newly enacted amendments to Act.
Criminal Law and Procedure Jul. 24, 2001
Grassi v. Hood
Court errs in granting petition for early release when offense is not considered nonviolent and is therefore, categorically excluded from early release provision.
Criminal Law and Procedure Jul. 24, 2001
Patterson v. Stewart
Federal habeas petition is timely when credited with statutory tolling under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure Jul. 24, 2001
U.S. v. Arlt
Defendant who engaged in single drug conspiracy may be convicted simultaneously under two criminal statutes.
Criminal Law and Procedure Jul. 24, 2001
U.S. v. Hernandez
Court provided sufficient notice of its intent to depart upward at sentencing when it explained its factual and legal reasons to defendant.
Criminal Law and Procedure Jul. 24, 2001
People v. Garcia
Among other things, defendant must have actual knowledge of sex offender registration requirement in order to violate statute.
Criminal Law and Procedure Jul. 23, 2001
State v. Thompson
Sentence enhancements for 'historical prior felony conviction' is proper when convictions on drug offenses preceded theft conviction.
Criminal Law and Procedure Jul. 23, 2001
State v. Garcia
Court abused its discretion by failing to consider prejudice to defendant before allowing evidence relating to uncharged acts of child molestation.
Criminal Law and Procedure Jul. 23, 2001
State v. Harrod
Conviction and death sentence for premeditated murder and felony murder are affirmed because there were no evidentiary errors.
Criminal Law and Procedure Jul. 23, 2001
State v. Pandeli
Court affirms petitioner's challenge to death sentence when among other things, mitigation is insufficient to reduce sentence.
Criminal Law and Procedure Jul. 23, 2001
State v. Tschilar
Defendant convicted of kidnapping was not entitled to have jury consider that he voluntarily released victims unharmed.
Criminal Law and Procedure Jul. 23, 2001
State v. Kilgore
Court erred in suppressing evidence of child victim's past sexual abuse.
Criminal Law and Procedure Jul. 22, 2001
State v. Morgan
State may seek 10 year extension to execute judgment ordering restitution from criminal defendant.
Criminal Law and Procedure Jul. 22, 2001
State v. Stein
Jury instructions were unconstitutional because they did not require jurors to find all elements of crime before rendering conviction.
Criminal Law and Procedure Jul. 22, 2001
State v. Marko
Jury instruction describing various types of threats defines elements of crime and does not create new ones.
Criminal Law and Procedure Jul. 22, 2001
State v. Magneson
Defendant that was guest in home has automatic standing to challenge search and seizure.
Criminal Law and Procedure Jul. 22, 2001
State v. A.K.B., A Minor
Juvenile court may not require restitution if amount was not set before conclusion of deferral period.
Criminal Law and Procedure Jul. 22, 2001
State v. Lake
State breached plea agreement when it failed to recommend sexual offender treatment program for defendant as agreed to in plea.
Criminal Law and Procedure Jul. 22, 2001