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Name Category Published
Pickens v. Gibson
Videotaped confession of prior murder, obtained in violation of defendant's rights, cannot be shown to jury during sentencing phase of current murder case.
Criminal Law and Procedure Mar. 15, 2000
Chambers v. Colorado Department of Corrections
Inmate's due process rights are violated when prison officials withhold monthly earned time credit without first conducting hearing.
Criminal Law and Procedure Mar. 15, 2000
LaFevers v. Gibson
Order
Criminal Law and Procedure Mar. 15, 2000
Garcia v. People
If court interrupts jury deliberations and suspends fact-finding functions to investigate alleged juror misconduct, its inquiry may not intrude into deliberative process.
Criminal Law and Procedure Mar. 15, 2000
State v. Gaffney
Accused need not be informed of consequences of refusing to submit to blood and urine test where accused readily agrees to such.
Criminal Law and Procedure Mar. 14, 2000
State v. Mach
Psychiatrist with child sexual abuse expertise need not be stricken as juror in trial for sexual acts with minor.
Criminal Law and Procedure Mar. 14, 2000
U.S. v. Colvin
Limitations period for filing habeas petition begins to run when time has passed for appealing district court's entry of amended judgment.
Criminal Law and Procedure Mar. 13, 2000
U.S. v. Newman
Defendant's prison sentence may not be reduced by amount of time spent in drug-treatment facility while on pre-trial release.
Criminal Law and Procedure Mar. 9, 2000
Ashmus v. Woodford
Expedited habeas corpus procedure under Antiterrorism and Death Penalty Act requires state system for appointment, compensation and qualification of death penalty counsel.
Criminal Law and Procedure Mar. 9, 2000
Butler v. Superior Court (People)
Under Sexually Violent Predators Act, petition for recommitment must contain evaluations by two psychologists or psychiatrists.
Criminal Law and Procedure Mar. 8, 2000
Roe v. Flores-Ortega
Counsel must consult defendant about appeal if either a rational defendant would want to appeal, or defendant shows interest in appealing.
Criminal Law and Procedure Mar. 6, 2000
People v. James
Access to sealed records is to be determined by division of court that decides appeal.
Criminal Law and Procedure Mar. 6, 2000
People v. Farrell
Admission of codefendant's statement violated defendant's constitutional right to confront and cross-examine witnesses.
Criminal Law and Procedure Mar. 6, 2000
People v. Whatley
Self-defense not allowed as an affirmative defense where there was no credible evidence to support the defense.
Criminal Law and Procedure Mar. 6, 2000
State v. Cordova
Pellet gun can be deadly weapon.
Criminal Law and Procedure Mar. 6, 2000
State v. Maggio
Probation terms forbidding defendant from contacting or residing with children are not unenforceable for vagueness.
Criminal Law and Procedure Mar. 6, 2000
People v. Borrelli
Stalking statute, which requires victim to suffer substantial emotional distress, is constitutional.
Criminal Law and Procedure Mar. 3, 2000
People v. McHenry
Restitution fines aren't subject penalty assessments under Penal Code Section 1464(a) and Government Code Section 76000(a).
Criminal Law and Procedure Mar. 3, 2000
People v. Watson
Police decoy operation, that entices car theft by leaving keys in car ignition, is not entrapment.
Criminal Law and Procedure Mar. 3, 2000
People v. Guzman
Punishment enhancement proper when driver's drunken state is direct cause of passenger's 'great bodily injury.'
Criminal Law and Procedure Mar. 3, 2000
People v. Flynn
Displaying gun after simple taking is sufficient cause to return conviction for robbery, rather than grand theft.
Criminal Law and Procedure Mar. 3, 2000
People v. Ranger Insurance Co.
Mailing of forfeiture notice extends time that summary judgment may be entered against bail bond.
Criminal Law and Procedure Mar. 3, 2000
People v. Stewart
Out-of-state conviction for attempted robbery with deadly weapon does not qualify as serious felony for enhancement under three strikes law.
Criminal Law and Procedure Mar. 3, 2000
People v. Young
Failure to obtain certificate of probable cause to challenge maximum sentence imposed based on plea agreement precludes constitutional challenge to sentence.
Criminal Law and Procedure Mar. 3, 2000
People v. Phillips
Spontaneous declaration is properly excluded when there is no indication that declaration was from personal observation or repetition of someone else's statement.
Criminal Law and Procedure Mar. 3, 2000
People v. Roundtree
Rape is committed even when victim initially consents and then withdraws consent during sexual intercourse but is forced to complete the act.
Criminal Law and Procedure Mar. 3, 2000
People v. Stewart
Out-of-state conviction for attempted robbery with deadly weapon does not qualify as serious felony for enhancement under three strikes law.
Criminal Law and Procedure Mar. 3, 2000
People v. Ranger Insurance Co.
Mailing of forfeiture notice extends time that summary judgment may be entered against bail bond.
Criminal Law and Procedure Mar. 3, 2000
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective.
Criminal Law and Procedure Mar. 3, 2000
U.S. v. Rodriguez-Lopez
District court has authority to reduce sentence on offer to stipulate to deportation even where government fails to consent through fast track plea agreement.
Criminal Law and Procedure Mar. 3, 2000