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Name Category Published
U.S. v. Mikels
Defendant may not appeal restitution order without certificate of appealability.
Criminal Law and Procedure Mar. 2, 2001
People v. Rivas
Detective's truthful answer to defendant's inquiry about charges being filed against him doesn't constitute interrogation and thus doesn't violate Miranda.
Criminal Law and Procedure Mar. 2, 2001
People v. Mazurette
Defendant who pleaded no contest and was granted deferred entry of judgment may not appeal denial of suppression motion.
Criminal Law and Procedure Mar. 2, 2001
People of the State of Colorado v. Stephenson
Trial court may not require defendant to assign pension funds as restitution for victim of embezzlement.
Criminal Law and Procedure Mar. 2, 2001
People v. Duncan
Trial delay caused by prosecution's failure to provide exculpatory information does not extend speedy trial period.
Criminal Law and Procedure Mar. 2, 2001
People v. Ellsworth
Testimony of second witness sufficient to support perjury conviction.
Criminal Law and Procedure Mar. 2, 2001
People v. C.G.
Trial court may not unilaterally terminate conditions imposed by deferred judgment agreement.
Criminal Law and Procedure Mar. 2, 2001
People v. Ramos
Fourth Amendment not violated when officer detains driver to check identification after having an objectively reasonable basis to stop vehicle.
Criminal Law and Procedure Mar. 2, 2001
People v. Smith
Court reaffirms that use of some force does not automatically transform investigatory stop into full-scale arrest, and officers can take steps to ensure own safety.
Criminal Law and Procedure Mar. 2, 2001
People (In the Interest of J.T.)
Juvenile is not entitled to jury trial when no crime of violence or aggravation is alleged.
Criminal Law and Procedure Mar. 2, 2001
People v. Lopez
Defendant must offer just and fair reason to withdraw guilty plea.
Criminal Law and Procedure Mar. 2, 2001
People v. Johnson
Inmate who violated terms of community corrections program may be resentenced to term of equal length with an additional parole period.
Criminal Law and Procedure Mar. 2, 2001
Weatherhead v. United States
Defendant is entitled to letter in extradition file from British Home Office under Freedom of Information Act.
Criminal Law and Procedure Mar. 2, 2001
Garcetti v. Superior Court (In re Blake)
Defendant designated as a mentally disordered sex offender is eligible for civil commitment.
Criminal Law and Procedure Mar. 1, 2001
Jackson v. Department of Justice
Gun dealer may not acquire, possess, or sell unregistered assault weapons, and may not sell assault weapons registered to others on consignment.
Criminal Law and Procedure Mar. 1, 2001
People v. Coulombe
Pat-down search is lawful where defendant is identified by two separate informants and police notice suspicious bulge in defendant's pocket.
Criminal Law and Procedure Mar. 1, 2001
People v. Smith
Appellate court may correct unchallenged sentencing error that does not require further factual findings.
Criminal Law and Procedure Mar. 1, 2001
People v. Gilbert
Defendant's challenges to jurors properly denied where jurors indicate willingness to give defendant fair trial.
Criminal Law and Procedure Mar. 1, 2001
People v. Zamora
Separate charge of crime of violence not required for filing of charges against juvenile in district court.
Criminal Law and Procedure Mar. 1, 2001
People v. Hoang
Defendant convicted of crime of violence not entitled to sentencing by juvenile court.
Criminal Law and Procedure Mar. 1, 2001
People v. Garcia
Defendant's 15 minute detention in police car while domestic violence disturbance investigated is not illegal arrest; failure to give Miranda warning prior to requesting consent to search not grounds for suppression.
Criminal Law and Procedure Mar. 1, 2001
People v. Pitts
Items not described in search warrant or in plain view were improperly seized.
Criminal Law and Procedure Mar. 1, 2001
People v. Berreth
Court that erroneously declares a mistrial based on overloaded docket may not order second trial of defendant.
Criminal Law and Procedure Mar. 1, 2001
People v. Ellison
Definition of knowledge in Colorado's driving under restraint statute does not violate due process of law.
Criminal Law and Procedure Mar. 1, 2001
Shackelford v. Hubbard
Despite erroneous felony murder jury instruction, defendant found guilty of first degree murder by torture where jury found crime committed with malice
Criminal Law and Procedure Mar. 1, 2001
U.S. v. Syrax
Court did not err in refusing to group fraud and money laundering offenses in single group, thus, two level sentence enhancement proper.
Criminal Law and Procedure Mar. 1, 2001
U.S. v. Aragbaye
Court appropriately relies on sentencing guidelines for tax offenses rather than fraud where defendant pleaded guilty to filing false income tax returns.
Criminal Law and Procedure Mar. 1, 2001
U.S. v. Gamez-Orduno
Suspected drug smugglers who are invited to stay overnight in trailer have reasonable expectation of privacy.
Criminal Law and Procedure Mar. 1, 2001
Anthony v. Cambra
Court errs in treating amended habeas petition as second petition and dismissing it as abuse of the writ.
Criminal Law and Procedure Mar. 1, 2001
In re Leon G.
Court grants interlocutory stay barring release of prisoners convicted under Sexually Violent Persons Act until constitutionality of act is determined.
Criminal Law and Procedure Mar. 1, 2001