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Name Category Published
Pawlyk v. Wood
Defendant who raises insanity defense may expect compelled disclosure of psychiatric examinations. 		Criminal Law and Procedure Jul. 17, 2001
People v. Englebrecht
Injunction against street gang member does not violate constitutional rights. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Velasco-Heredia
In defendant's conspiracy to distribute marijuana case, drug quantity is fact government must prove beyond reasonable doubt. 		Criminal Law and Procedure Jul. 17, 2001
Fenner v. U.S. Parole Commission
Parolee is subject to term of special parole because order modifying sentence only referred to term of imprisonment. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Korman
Government had discretion not to request sentence reduction despite defendant's assistance in investigation of others. 		Criminal Law and Procedure Jul. 17, 2001
United States v. Haber
Conviction and sentence for mail fraud affirmed where defendant could not show trial errors or where error was harmless. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Kentz
Defendant who committed offense while awaiting trial may receive sentence enhancement despite not being warned by judge. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Caperna
District court cannot depart from sentencing guidelines because of sentence disparity between co-defendants unless co-defendants were convicted of same crime. 		Criminal Law and Procedure Jul. 17, 2001
U.S. v. Carbullido
Federal statute only permits either commitment or unconditional release, not conditional release. 		Criminal Law and Procedure Jul. 17, 2001
State v. Westling
Multiple counts of second degree arson may result from one fire if malice is proved against each of the victims. 		Criminal Law and Procedure Jul. 16, 2001
Moore v. Gibson
Oklahoma does not recognize prisoner mailbox rule, and late filing of state habeas petition failed to toll limitations period for federal petition. 		Criminal Law and Procedure Jul. 16, 2001
People v. Ly
Code section prohibiting presentence custody credits doesn't apply to murder that occurred prior to section's operative date. 		Criminal Law and Procedure Jul. 16, 2001
State v. Powers
Hit and run accident scene with two victims may only be counted as one accident scene. 		Criminal Law and Procedure Jul. 16, 2001
State v. Deman
Defendant's prior drunk driving convictions are not 'washed out' for the purpose of sentencing enhancement. 		Criminal Law and Procedure Jul. 15, 2001
State v. Cienfuegos
Defense attorney's failure to request jury instruction regarding diminished capacity was not prejudicial. 		Criminal Law and Procedure Jul. 15, 2001
State v. Glas
Voyeurism statute that doesn't define term 'hostile intrusion' is neither vague nor overbroad when term is given ordinary meaning. 		Criminal Law and Procedure Jul. 15, 2001
State v. Rainey
Defendant who was convicted after her attorney refused to allow her to testify at trial may have received ineffective assistance of counsel. 		Criminal Law and Procedure Jul. 15, 2001
State v. Ross
Police officer did not violate statute by transferring defendant to other jurisdiction rather than taking him to nearest jail to set bail. 		Criminal Law and Procedure Jul. 15, 2001
State v. Elledge
When defendant's waiver of direct right to appeal conviction and sentence was made knowingly, voluntarily and intelligently, death sentence affirmed. 		Criminal Law and Procedure Jul. 15, 2001
People v. Valdez
Sufficient evidence supports trial court's finding that defendant qualified for mentally disordered offender status. 		Criminal Law and Procedure Jul. 12, 2001
People v. Tillett
Court's instruction to jury defining personal use of firearm during robbery is error, therefore personal discharge of gun enhancement must be stricken. 		Criminal Law and Procedure Jul. 12, 2001
People v. Stewart
Defendant may not challenge prison sentence that allegedly violated plea bargain without certificate of probable cause. 		Criminal Law and Procedure Jul. 12, 2001
People v. Tafoya
Jury properly finds defendant guilty of obstructing telephone line or apparatus connected therewith based on removal of battery from cordless phone. 		Criminal Law and Procedure Jul. 12, 2001
Collins v. Superior Court (People)
Defendant who lies at deposition does not commit perjury unless the document is delivered. 		Criminal Law and Procedure Jul. 12, 2001
People v. Salas
Personal-use-of-firearm sentence enhancement cannot be applied unless it is determined that defendant actually used firearm in commission of offense. 		Criminal Law and Procedure Jul. 12, 2001
People v. Coelho
If court cannot determine beyond reasonable doubt facts jury relied on, it should assume facts that allow discretion to impose concurrent term. 		Criminal Law and Procedure Jul. 12, 2001
People v. Chavez
Resentencing of defendant which included period of parole did not violate his double jeopardy rights. 		Criminal Law and Procedure Jul. 11, 2001
U.S. v. Iiland
Government did not offer sufficient evidence to sustain conviction for possession of firearm in furtherance of drug trafficking. 		Criminal Law and Procedure Jul. 11, 2001
Simpson v. Bouker
Penalty and criminal conviction for failure to pay tax on large amounts of marijuana do not violate Double Jeopardy Clause. 		Criminal Law and Procedure Jul. 10, 2001
Navarro v. People
Trial court erred in admitting hearsay statements under co-conspirator exception where there is no evidence that defendant conspired with drug dealer. 		Criminal Law and Procedure Jul. 10, 2001
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