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Name Category Published
In re Phelon
Convict's pre-sentence credits may not be limited based on convictions for which punishment was stayed.
Criminal Law and Procedure Dec. 14, 2005
U.S. v. Cortez-Arias
State conviction for shooting at inhabited dwelling is 'crime of violence' under federal sentencing law.
Criminal Law and Procedure Dec. 14, 2005
U.S. v. Brown
Government's failure to specify whether it is moving to dismiss counts with prejudice does not constitute breach of plea agreement.
Criminal Law and Procedure Dec. 14, 2005
U.S. v. Jensen
Information known by other officers may create probable cause for officer to arrest defendant under direction of other officers.
Criminal Law and Procedure Dec. 14, 2005
U.S. v. LaFromboise
Until district court enters amended judgment of conviction, defendant's motion for habeas relief is premature rather than untimely.
Criminal Law and Procedure Dec. 13, 2005
Sims v. Brown
Defendant's convicted of first-degree murder and sentenced to death is not entitled to habeas relief.
Criminal Law and Procedure Dec. 13, 2005
U.S. v. Kortgaard
Sentence that included upward departures under mandatory sentencing guidelines was invalid.
Criminal Law and Procedure Dec. 13, 2005
U.S. v. Smith
Failure to provide warrant at outset of search and attach supporting affidavit does not necessarily render search invalid.
Criminal Law and Procedure Dec. 11, 2005
U.S. v. Hernandez
Removal of car door panels by border agents was not unreasonable search.
Criminal Law and Procedure Dec. 11, 2005
U.S. v. Chaudhry
Border agents do not need reasonable suspicion to conduct 'exploratory drilling' of bed of pickup truck.
Criminal Law and Procedure Dec. 11, 2005
U.S. v. Flores-Montano
Border inspectors did not need suspicion of wrongdoing to conduct search of vehicle's gas tank.
Criminal Law and Procedure Dec. 11, 2005
U.S. v. Stephens
Court must itself determine maximum number of non-treatment drug tests defendant on supervised release must take.
Criminal Law and Procedure Dec. 7, 2005
Barker v. Fleming
Pieces of evidence that were allegedly suppressed by prosecution should be analyzed collectively, not just individually, by appeals court.
Criminal Law and Procedure Dec. 6, 2005
Earp v. Stokes
Death row inmate is entitled to evidentiary hearing on claims of prosecutorial misconduct and ineffective assistance of counsel.
Criminal Law and Procedure Dec. 6, 2005
U.S. v. Scott
Police may not conduct search based on less than probable cause of individual released while awaiting trial.
Criminal Law and Procedure Dec. 6, 2005
U.S. v. Smith-Baltiher
Defendant may defeat charge of being previously deported alien who attempted illegal reentry with proof of derivative citizenship.
Criminal Law and Procedure Dec. 6, 2005
U.S. v. Cruz
Court's ruling that permits defendants to object to federal sentencing guidelines does not apply retroactively.
Criminal Law and Procedure Dec. 6, 2005
U.S. v. Murillo
Washington's unlawful firearm possession offense is punishable by term exceeding one year, even though defendant's maximum exposure was 12 months.
Criminal Law and Procedure Dec. 4, 2005
People v. Vincelli
Phrase 'changes his or her name' in sex offender registration statute is not unconstitutionally vague.
Criminal Law and Procedure Nov. 29, 2005
People v. Urziceanu
Defendant who formed legal cooperative to grow medical marijuana will be retried on conspiracy charge.
Criminal Law and Procedure Nov. 29, 2005
People v. Schoeb
Court's imposition of multiple restitution fines and security fees upon defendant for each charge was not erroneous.
Criminal Law and Procedure Nov. 29, 2005
In re Peter F.
Single act of brandishing weapon can only support single-count conviction despite number of people present.
Criminal Law and Procedure Nov. 29, 2005
People v. Smith
Where mistrial leads to second trial, defendant's original consent to court trial continues unless he timely moves to withdraw it.
Criminal Law and Procedure Nov. 29, 2005
People v. Burnell
Crimes such as attempted murder, robbery and vehicle theft are not included offenses of street terrorism.
Criminal Law and Procedure Nov. 29, 2005
People v. Evans
Statute requiring dismissal for failure to timely prosecute does not cover sexually violent predator civil commitment proceedings.
Criminal Law and Procedure Nov. 29, 2005
U.S. v. Kelly
Defendant's conviction for attempting to elude officers was not 'crime of violence' for sentencing purposes.
Criminal Law and Procedure Nov. 22, 2005
Menendez v. Terhune
Menendez brothers had no right to instruction on imperfect self-defense during their murder trial.
Criminal Law and Procedure Nov. 22, 2005
Williams v. Warden
Simultaneous convictions and acquittals did not violate Double Jeopardy Clause.
Criminal Law and Procedure Nov. 22, 2005
Williams v. Roe
Application of amendment eliminating sentencing discretion to defendant who committed crimes before amendment violates ex post facto principle.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Cervantes-Flores
Admission of certificate of nonexistence of record prepared by INS did not violate defendant's confrontation rights.
Criminal Law and Procedure Nov. 21, 2005