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Name Category Published
State v. McClarney
Criminal defendant did not deserve reduced sentence because he demonstrated exceptional remorse during trial.
Criminal Law and Procedure Jul. 22, 2001
State v. Francisco
Defendant cannot challenge fruits of search when he lacked legitimate expectation of privacy in mother's home.
Criminal Law and Procedure Jul. 22, 2001
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.'
Criminal Law and Procedure Jul. 20, 2001
People v. Brewer
Court may order DNA and saliva samples based on defendant's prior conviction for sexual assault.
Criminal Law and Procedure Jul. 19, 2001
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.'
Criminal Law and Procedure Jul. 19, 2001
U.S. v. Tisdale
Police had probable cause to search vehicle when defendant is found with gunshot wound after asking neighbor to hide weapon and cocaine.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Arney
Conviction affirmed because instructions to deadlocked jury were not coercive and evidence was not improperly admitted or excluded.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Jackson
Federal kidnapping statute, 18 U.S.C. Section 1201(a)(5), is general intent crime.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Johansson
Defendant's due process rights were not violated where sentence was enhanced within statutory guidelines for conviction of conspiracy to make false statements.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Hawkins
Air force base regulations requiring vehicles entering or leaving base to stop for inspection don't violate right to privacy.
Criminal Law and Procedure Jul. 18, 2001
Tamalini v. Stewart
Convicted defendant has no Sixth Amendment rights on appeal, including qualified right to choice of counsel.
Criminal Law and Procedure Jul. 18, 2001
People v. Hubbart
Sexually Violent Predator Act doesn't violate constitutional guarantees of equal protection and due process.
Criminal Law and Procedure Jul. 18, 2001
McGregor v. Gibson
Habeas petition granted where petitioner was found competent under unconstitutional burden of proof and reasonable judge should have doubted his competence.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Lam
Defendant failed to prove violation of right to speedy trial and his double jeopardy and due process claims fail.
Criminal Law and Procedure Jul. 18, 2001
Boyce v. Ashcroft
Proper avenue to challenge denial of first amendment rights is 42 U.S.C. Section 1983 and not Section 2241.
Criminal Law and Procedure Jul. 18, 2001
Petrocelli v. Angelone
Among other things, court abuses discretion in dismissing certain claims as abuse of writ and errs in dismissing others as procedurally barred.
Criminal Law and Procedure Jul. 18, 2001
People v. Barnum
Order
Criminal Law and Procedure Jul. 17, 2001
People v. Cole
Defendant is not entitled to reduced sentence merely because court agreed to consider striking prior conviction.
Criminal Law and Procedure Jul. 17, 2001
People v. Tobias
Child under 18 years of age who has consensual sexual relationship with parent is not accomplice to parent's crime.
Criminal Law and Procedure Jul. 17, 2001
People v. American Surety Insurance Co.
Bond was properly forfeited where defendant failed to appear at sentencing hearing after he had already been convicted and given 'indicated' sentence.
Criminal Law and Procedure Jul. 17, 2001
Trevor W., a Minor
Juvenile's conviction was supported by sufficient evidence and crime was not committed under duress, but length of sentence violated statute.
Criminal Law and Procedure Jul. 17, 2001
People v. Kurey
Child pornography statute allowing conviction when minor appears under 18 is not unconstituional and evidence of apparent age is admissible.
Criminal Law and Procedure Jul. 17, 2001
People v. Silva
Death Sentence reversed where prosecution uses preemptive strike to eliminate juror because of race.
Criminal Law and Procedure Jul. 17, 2001
People v. Allen
Defendant convicted of burglary may not be fined penalty assessment unless there is underlying fine.
Criminal Law and Procedure Jul. 17, 2001
People v. Walker
At sentencing, defendant has burden to prove that constitutional rights were violated in prior convictions.
Criminal Law and Procedure Jul. 17, 2001
People v. Bush
Police were entilted to search vehicle for weapons based on information about criminal history that was six years old.
Criminal Law and Procedure Jul. 17, 2001
In re Taylor
Defendant who received increased sentence based on Three Strikes offenses is not entitled to jury trial on prior convictions.
Criminal Law and Procedure Jul. 17, 2001
People v. Alvarez
Sentence enhancement for using firearm during murder is constitutional because there is compelling purpose to deter firearm use.
Criminal Law and Procedure Jul. 17, 2001
People v. Cleveland
Conviction reversed where trial court discharged juror during deliberations for failing to deliberate and prejudging case.
Criminal Law and Procedure Jul. 17, 2001
People v. Valentine
Review granted
Criminal Law and Procedure Jul. 17, 2001