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Name Category Published
U.S. v. Martinez
Order
Criminal Law and Procedure Aug. 23, 2000
People v. Taylor
Consideration of inappropriate factors in denying a defendant's motion to strike a prior conviction constitutes abuse of discretion.
Criminal Law and Procedure Aug. 23, 2000
People v. Becker
Sentence enhancement for commission of felony while armed is applied to crime of conspiracy.
Criminal Law and Procedure Aug. 23, 2000
People v. Becker
Sentence enhancement for commission of felony while armed is applied to crime of conspiracy.
Criminal Law and Procedure Aug. 23, 2000
Shumway v. Payne
Jury instruction in murder trial that splits the act and mental state between two defendants is harmless error because it is in accord with Washington law.
Criminal Law and Procedure Aug. 23, 2000
La Crosse v. Kernan
Denial of state habeas petition for lack of diligence is not based on adequate and independent state ground that bars federal review.
Criminal Law and Procedure Aug. 22, 2000
U.S. v. Pena-Gutierrez
Foreign witness not 'unavailable' when name and address are known but no effort to contact witness is made.
Criminal Law and Procedure Aug. 21, 2000
U.S. v. Twilley
Drugs found during traffic stop officer made based on mistaken understanding of law should be suppressed.
Criminal Law and Procedure Aug. 21, 2000
People v. James
Statute in which prior offenses are admissible evidence violates due process unless effect on verdict is negligible beyond reasonable doubt.
Criminal Law and Procedure Aug. 18, 2000
People v. Jennings
Evidence of prior domestic violence may be properly admitted if it is more probative than prejudicial.
Criminal Law and Procedure Aug. 18, 2000
People v. Miller
Appellate court rejects accuseds' challenges to their convictions for grand theft by false pretenses.
Criminal Law and Procedure Aug. 18, 2000
People v. Campbell
Covering sexual assault victim's eyes with tape to prevent sight constitutes tying or binding of victim so as to enhance attacker's penalties.
Criminal Law and Procedure Aug. 18, 2000
People v. Cain
Defendant does not have right to confront victim's psychotherapist at restitution hearing.
Criminal Law and Procedure Aug. 18, 2000
People v. Fountain
Prior juvenile adjudication for committing battery did not constitute a strike for Three Strikes purposes.
Criminal Law and Procedure Aug. 18, 2000
Rose v. Superior Court (People)
Orders denying habeas corpus petitions should contain accurate record and be accompanied by statement of reasons.
Criminal Law and Procedure Aug. 18, 2000
People v. Glee
Sentencing modification ordered where court erroneously believed prior conviction constituted a 'strike' under Three Strikes Law.
Criminal Law and Procedure Aug. 18, 2000
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer.
Criminal Law and Procedure Aug. 18, 2000
People v. National Automobile & Casualty Insurance Co.
Surety that consents to extra judicial procedure is estopped from challenging separate court action on same grounds.
Criminal Law and Procedure Aug. 18, 2000
People v. Valencia
Code expressly precludes imposition of great bodily injury enhancement to sentence of convicted murderer.
Criminal Law and Procedure Aug. 18, 2000
People v. Robles
Evidence obtained without warrant is not admissible when police obtain post-search consent from defendant's brother who was subject to probation searches.
Criminal Law and Procedure Aug. 18, 2000
In re Vargas
Ineffective assistance of counsel rendered when attorney misrepresents plea offer and coerces client to accept it.
Criminal Law and Procedure Aug. 17, 2000
U.S. v. Reyna
Judge's approval of wiretap before Attorney General has authorized application violates federal wiretap statute.
Criminal Law and Procedure Aug. 15, 2000
U.S. v. Valensia
'Preponderance of evidence' is proper standard for factual determinations regarding sentence enhancements that are not extremely disproportionate.
Criminal Law and Procedure Aug. 15, 2000
U.S. v. Rivera-Sanchez
Reference to sentence enhancement when conviction is on single count of one crime should be struck as clerical error.
Criminal Law and Procedure Aug. 15, 2000
U.S. v. Zamora-Hernandez
District court does not abuse its discretion by denying pre-trial continuance for obtaining transcripts when denial does not prejudice defense.
Criminal Law and Procedure Aug. 15, 2000
Lopez v. Lytle
Order
Criminal Law and Procedure Aug. 15, 2000
Benitez v. The Honorable Thomas Dunevant III (Phoenix City Prosecutor's Office)
Driving on suspended license for DUI does not rise to level of moral deficiency required for jury trial.
Criminal Law and Procedure Aug. 15, 2000
U.S. v. Houston
Order
Criminal Law and Procedure Aug. 15, 2000
U.S. v. King
Order
Criminal Law and Procedure Aug. 15, 2000
Mann v. Young
Order
Criminal Law and Procedure Aug. 15, 2000