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Green v. White
Court errs in denying habeas petition when juror's pattern of lies and misbehavior creates 'destructive uncertainties' about his ability to serve impartially.
Criminal Law and Procedure Feb. 1, 2001
Lyons v. Crawford
Petitioner for habeas corpus has not exhausted state remedies when he fails to specifically characterize claims in state court as federal claims.
Criminal Law and Procedure Feb. 1, 2001
Drayden v. White
Appeals court denies habeas petition of convicted murderer who alleges prosecutor violated his right to due process in closing argument.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Oaxaca
Evidence seized after warrantless arrest of defendant in his open garage is inadmissible.
Criminal Law and Procedure Feb. 1, 2001
Downs v. Hoyt
Court affirms denial of habeas petition to mother convicted of murdering daughter despite district court's use of erroneous standard.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Martinez
Defendant's conviction for transporting marijuana does not establish conviction of offense defined by career criminal guideline supporting sentence enhancement.
Criminal Law and Procedure Feb. 1, 2001
Richards-Diaz v. Fasano
Repeal of statute allowing alien to apply for discretionary relief from deportation is not impermissibly retroactive.
Criminal Law and Procedure Feb. 1, 2001
Anderson v. Calderon
Petitioner's confession obtained during illegal arraignment delay is sufficiently attenuated from illegality when he volunteers to confess during legal detention.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Corey
Federal court has jurisdiction over criminal case in which U.S. citizen is charged with sexual abuse committed at U.S. installations abroad.
Criminal Law and Procedure Feb. 1, 2001
Whelchel v. State
Confrontation clause is violated when court admitts into evidence tape-recorded statements of unavailable co-defendant's implicating defendant in murder trial.
Criminal Law and Procedure Feb. 1, 2001
Nguyen v. Lindsey
Although prosecutor presented different evidence of who fired first shot in separate trials for same murder, there is no violation of due process.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Garcia-Valenzuela
Despite pleading guilty, defendant may challenge court's denial of government's motion to dismiss counts against him.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Pacheco-Zepeda
Sentence for illegal re-entry may be increased for prior aggravated felonies that were not charged in indictment.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Munoz
In fraudulent investment scheme, intended loss without offset by value recovered by victims is appropriate standard in calculating defendants' sentences.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Penn
Defendant is not permitted to remove personal property from car before police inventory contents for impoundment.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Garcia-Guizar
District court's correction of calculating error that adds 33 months to original sentence is not vindictive or violative of due process.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Lynch
To convict under Archeological Resources Protection Act, Government must show defendant knew skull he removed from public land was 'archeological resource.'
Criminal Law and Procedure Feb. 1, 2001
Hunt v. Early
Habeas petitioner may be entitled to finding of impediment or equitable tolling based on unavailability of federal statute stating statute of limitations.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Rojas-Millan
In determining if defendant was minor participant court should have evaluated defendant's role in criminal scheme relative to all participants.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Seesing
Pro se letter withdrawing plea may be recharacterized by court as motion for relief when defendant provides informed consent.
Criminal Law and Procedure Feb. 1, 2001
Clayton v. Boone
Order
Criminal Law and Procedure Feb. 1, 2001
Chatman v. Saffle
Order
Criminal Law and Procedure Feb. 1, 2001
People v. Andrade
Court's omission of 'designed' from instruction regarding arson-sentence enhancement is not prejudicial error.
Criminal Law and Procedure Jan. 31, 2001
People v. Callejas
Defendant may not be fined under law that was enacted after he committed underlying offense.
Criminal Law and Procedure Jan. 31, 2001
People v. Superior Court (Blanquel)
Legislative oversight in including former Vehicle Code Section when enacting new section did not effect substantive change in law.
Criminal Law and Procedure Jan. 31, 2001
People v. Butler
Defendant's threat 'to hurt' victim is sufficient to constitute terrorist threat although no specifics regarding time and manner of execution were stated.
Criminal Law and Procedure Jan. 31, 2001
People v. Hardin
Use of imperfect self-defense against victim isn't available where defendant unlawfully enters victim's home and poses threat to life and safety.
Criminal Law and Procedure Jan. 31, 2001
U.S. v. Guzman-Otero
Order
Criminal Law and Procedure Jan. 31, 2001
Brightbill v. U.S.
Order
Criminal Law and Procedure Jan. 31, 2001
Williams v. Gibson
Order
Criminal Law and Procedure Jan. 31, 2001