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Name Category Published
Dickerson v. United States
Miranda created a constitutional rule that the U.S. Congress cannot legislatively supersede.
Criminal Law and Procedure Jul. 5, 2000
Johnson v. United States
Ex Post Facto clause is not violated when an additional supervised release is imposed after the terms of an initial supervised release is revoked.
Criminal Law and Procedure Jul. 5, 2000
People v. Kinkead
Failure to instruct jury to require willfulness does not prejudice case of defendant convicted of child endangerment.
Criminal Law and Procedure Jun. 30, 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 Jun. 30, 2000
People v. Santana
Accused's conviction reversed when trial court's adversarial questioning of defense witnesses creates impression of partiality.
Criminal Law and Procedure Jun. 30, 2000
People v. McCoy
Trial court's failure to impose additional restitution fine may be raised for first time on appeal.
Criminal Law and Procedure Jun. 30, 2000
People v. Mom
Force necessary to commit offense of rape in concert is no greater than force necessary to commit forcible rape.
Criminal Law and Procedure Jun. 30, 2000
People v. Superior Court of Fresno County
Petition to extend accused's commitment as sexually violent predator does not make petition invalid for lack of current psychological evaluations.
Criminal Law and Procedure Jun. 30, 2000
Torres v. Superior Court of Los Angeles County
Grant of ex parte in camera hearing pursuant to prosecution's claim of official privilege is abuse of discretion.
Criminal Law and Procedure Jun. 30, 2000
In re Rodriguez
Counsel's motion to withdraw guilty plea, causing enhanced sentencing, is not ineffective assistance when court could vacate plea on its own.
Criminal Law and Procedure Jun. 30, 2000
People v. Riel
Evidence is sufficient to uphold death sentence for first-degree murder conviction.
Criminal Law and Procedure Jun. 30, 2000
Walters v. Superior Court
Physical evidence collected by parties does not belong to court and is subject to seizure by prosecution.
Criminal Law and Procedure Jun. 30, 2000
State v. Jones
Death sentence will not be overturned when no new arguments are raised to justify a different result.
Criminal Law and Procedure Jun. 30, 2000
Arizona v. Jones
Rule of corpus delicti does not apply to preliminary hearings.
Criminal Law and Procedure Jun. 30, 2000
State of Arizona v. Sheldon
Party cannot invoke Fifth Amendment to avoid a deposition.
Criminal Law and Procedure Jun. 30, 2000
State v. Martinez
Jurors may be replaced for misconduct so long as deliberations are in progress.
Criminal Law and Procedure Jun. 30, 2000
U.S. v. Mattarolo
Traffic stop is permissible where facts are sufficient to cause experienced officer to reasonably conclude that criminal activity might be in progress.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Fuentes-Cariaga
Defendant may not introduce testimony of non-percipient INS agent that guilt wouldn't be inferred from nervousness at border checkpoint.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Zuno-Arce
On federal habeas corpus, new circuit rule's deadline may be applied to cases pending on rule's effective date.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Daniel
Due Process is satisfied when oral findings are made on record in support of decision to revoke supervised release.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Chon
Military police may investigate civilians if there is independent military purpose for the investigation.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Jackson
Anonymous threat to juror during deliberations requires evidentiary hearing to determine if juror believed defendant was behind threat.
Criminal Law and Procedure Jun. 29, 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 Jun. 29, 2000
U.S. v. Romero-Avila
Name of government official to whom false claim of citizenship is made is immaterial and does not require inclusion in indictment.
Criminal Law and Procedure Jun. 29, 2000
Weiner v. San Diego County
County district attorney acts as state official when deciding whether to prosecute individual for criminal offense.
Criminal Law and Procedure Jun. 29, 2000
Dows v. Wood
Defense attorney's illness with Alzheimer's disease during criminal trial does not make counsel ineffective per se to overturn guilty verdict.
Criminal Law and Procedure Jun. 29, 2000
Coleman v. Calderon
It's not harmless error to instruct jury that sentence of life without possibility of parole may be commuted by governor to lesser sentence.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Depew
Thermal imaging of defendant's house does not constitute warrantless search.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Reeves
Evidence that informant provided reliable information for search warrant is sufficient to support probable cause, despite past unreliability.
Criminal Law and Procedure Jun. 29, 2000
People v. Jenkins
Right to fair trial is not undermined by introduction of physical evidence where reliability of evidence is not questioned.
Criminal Law and Procedure Jun. 29, 2000