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Name Category Published
In re $26,980
Return of forfeited money appropriate because county fails to establish link between money and criminal activities. 		Criminal Law and Procedure Jan. 8, 2001
State v. Logan
Court's failure to instruct jury on disputed element in theft statute is error requiring new trial. 		Criminal Law and Procedure Jan. 8, 2001
U.S. v. Nguyen
Plea agreement that includes a waiver of appeals is enforceable because defendant entered plea knowingly and voluntarily. 		Criminal Law and Procedure Jan. 8, 2001
State v. Anderson
Stalking statute that does not make meaningful distinctions between conduct proscribed by subsections is unconstitutionally vague. 		Criminal Law and Procedure Jan. 8, 2001
People v. O'Neal
Statements made by criminal defendant during consensual interview with police are admissible at trial. 		Criminal Law and Procedure Jan. 8, 2001
U.S. v. Holt
Fourth Amendment is violated when officer questions accused about presence of weapons in vehicle is not precipitated by reasonable suspicion; 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Boone
Admitting into evidence tape recording of statements against interest taken by girlfriend/co-conspirator does not violate accused's rights under confrontation clause. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Ruiz
Motion to withdraw guilty plea should be analyzed under 'fair and just reason' standard. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Derington
Striking of testimony is sufficient sanction for prosecution's failure to disclose a conversation to the defense. 		Criminal Law and Procedure Jan. 4, 2001
US v. Hay
Search of defendant's entire computer system based on child pornography that was transmitted six months prior is reasonable. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Willard
Sentencing guidelines do not authorize offense-level adjustment for abuse of trust in mother-daughter relationship. 		Criminal Law and Procedure Jan. 4, 2001
Sassounian v. Roe
Murderer's conviction is upheld, but juror misconduct warrants relief on special circumstances finding. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Hancock
Statute prohibiting persons convicted of domestic violence from possessing firearms is constitutional. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Patterson
When supervised release is imposed as part of sentence then revoked, resulting confinement is 'by virtue of' original conviction. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Howell
Court does not err in failing to hold evidentiary hearing before admitting confession or in denying mistrial. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Lo
Real estate broker's convictions for mail fraud are overturned because government failed to provide sufficient evidence to establish required mailing element. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Lapage
Court reverses conviction when prosecutor fails to correct prosecutorial testimony known to be false. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Scheele
In estimating drug quantities attributable to defendant's criminal conduct, court must err on side of caution even if it means reduced sentence. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Hayes
When defendant waives right to counsel, court is not required to impart technical legal knowledge, but must advise of inherent pitfalls of self-representation. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Jones
Statute prohibiting person who is subject to domestic violence restraining order from possessing firearms is constitutional. 		Criminal Law and Procedure Jan. 4, 2001
Loveland v. Hatcher
Ineffective assistance of counsel may be 'good cause' excusing prisoner's failure to file timely post-conviction relief petition in state court. 		Criminal Law and Procedure Jan. 4, 2001
Sandoval v. Calderon
Defendant was not entitled to severance of criminal counts but was prejudiced by prosecutor's religious argument for death penalty. 		Criminal Law and Procedure Jan. 4, 2001
Jones v. Smith
Discrepancy between jury instruction on premeditation and omission of premeditated charge is variance, not amendment and therefore does not violate Sixth Amendment. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Hayes
Secret tape recording of conversation is admissible because it was obtained before formal criminal proceedings were initiated. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Alvarez-Valenzuela
Co-conspirator's firearms conviction affirmed because of foreseeabilty of presence of gun during drug trafficking operation. 		Criminal Law and Procedure Jan. 4, 2001
Miller v. Stewart
Stay of execution granted where defendant volunteers to die and there is evidence of psychological deterioration. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Middleton
Computer Fraud and Abuse Act prohibiting conduct causing damage to one or more individuals includes damage to corporations. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Chea
Court must apply 1994 version of sentencing guideline when imposing sentence on defendant who is subject to undischarged term of imprisonment. 		Criminal Law and Procedure Jan. 4, 2001
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