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Name Category Published
U.S. v. Sigmond-Ballesteros
Border patrol agent was not justified in stopping motorist who shielded face after having light shone into vehicle.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Saya
Among other things, court does not abuse discretion in denying motion for new trial based on juror misconduct.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Silva
Police did not violate fourth amendment where defendants did not have reasonable expectation of privacy in shed that was searched.
Criminal Law and Procedure Jun. 28, 2001
Luke W., a Minor
Unconventional pocketknife is not prohibited 'dirk or dagger' under Penal Code Section 12020.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Miles
Officer goes beyond lawful patdown search when he moves and shakes small box in suspect's jacket to determine its contents.
Criminal Law and Procedure Jun. 28, 2001
Miles v. Atherton
Order
Criminal Law and Procedure Jun. 28, 2001
Zichko v. State
Defendant may challenge expired rape conviction while in custody for failing to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Gaither
Guilty plea given during course of judge's colloquy was not improper where questioning was not coercive.
Criminal Law and Procedure Jun. 28, 2001
People v. Labaer
Stripped-down mobile home is structure within meaning of arson statute.
Criminal Law and Procedure Jun. 28, 2001
Gross v. Pirtle
Deputy is entitled to qualified immunity in excessive force claim because 'kicking very hard' doesn't conflict with Fourth Amendment reasonableness standard.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Dwyer
Possession of unregistered firearm is crime of violence and defendant's sentence may be enhanced for such violation.
Criminal Law and Procedure Jun. 28, 2001
People v. Martinez
Defendant's right to privacy under both California Constitution and patient-psychotherapist privilege is not violated by use of his psychological records and evaluations.
Criminal Law and Procedure Jun. 28, 2001
People v. Murphy
Imposition of three strikes law against defendant with mental disorder is not cruel and unusual punishment.
Criminal Law and Procedure Jun. 28, 2001
People v. Ngoun
Gang member who perpetrated, rather than aided or abetted, murder is eligible for increased sentence based on participation in street gang.
Criminal Law and Procedure Jun. 28, 2001
People v. Stanfill
Wrong jury instruction on statute of limitation for lesser, misdemeanor offense violates defendant's right to due process and fair trial.
Criminal Law and Procedure Jun. 28, 2001
People v. Williams
Trial court's failure to commence trial prior to statutory deadline doesn't preclude court from retaining jurisdiction of case.
Criminal Law and Procedure Jun. 28, 2001
People v. Watts
Prosecution of two individuals for same crime is allowed when probable cause exists to support charges against each.
Criminal Law and Procedure Jun. 28, 2001
People v. Hove
Order to pay victim full restitution for criminal conduct, even though victim's medical expenses are covered by medical benefits, is proper.
Criminal Law and Procedure Jun. 28, 2001
People v. Ryan
Father, convicted of child abduction, is not prejudiced by court's failure to define 'abandonment' and 'right of custody' for jury.
Criminal Law and Procedure Jun. 28, 2001
People v. Davis
Defendant properly sentenced to three concurrent terms of 25 years to life under three strikes legislation based on two prior convictions of rape in consort.
Criminal Law and Procedure Jun. 28, 2001
People v. Dacayana
Sexually Violent Predators Act doesn't require finding that offense is predatory, and Act's certification process doesn't require advisement of Miranda rights.
Criminal Law and Procedure Jun. 28, 2001
People v. Castellon
Vehicle stop for expired tag and subsequent request for detainee to remain in vehicle without reasonable suspicion isn't prolonged nor unreasonable detention.
Criminal Law and Procedure Jun. 28, 2001
People v. American Contractors Indemnity Co.
Failure to enter warrant into warrant system, and subsequent amendment of statute, justifies vacating bail forfeiture and exonerating bond.
Criminal Law and Procedure Jun. 28, 2001
People v. Russo
Order
Criminal Law and Procedure Jun. 28, 2001
People v. Westlund
Conviction for possession of silencer requires that defendant knew or should have known that characteristic of firearm was illegal.
Criminal Law and Procedure Jun. 28, 2001
People v. Gray
Trial court errs in not allowing prosecution to justify peremptory challenges when defense asserts challenges based on racial bias.
Criminal Law and Procedure Jun. 28, 2001
Mendez v. Superior Court (People)
When petitioner cannot show extrinsic fraud or duress, judgment cannot be attacked by writ of coram nobis.
Criminal Law and Procedure Jun. 28, 2001
People v. Bowers
Trial court abused its discretion by removing juror because it did not show 'demonstrable reality' that juror was unable to perform.
Criminal Law and Procedure Jun. 28, 2001
People v. Ian C.
Detention and search of minor violating curfew is reasonable and constitutional.
Criminal Law and Procedure Jun. 28, 2001
People v. Hagen
Sentencing for tax fraud offenses falls within indeterminate sentencing provisions.
Criminal Law and Procedure Jun. 28, 2001