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Name Category Published
Arnold v. Runnels
Admission of interrogation that was taped against defendant's will violated his Miranda rights.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Carter
Defaced firearm serial number that is not discernible to naked eye is still 'altered or obliterated' for purpose of sentence enhancement.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Ortuno-Higareda
Supervised release of deported defendant caught reentering may not be revoked on basis of unadvised condition.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Lopez-Montanez
Prior felony conviction under state's sexual battery statute did not constitute 'crime of violence' for federal sentencing purposes.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Sanders
When original sentencing judge has since retired, defendant whose sentence must be vacated is entitled to remand for full resentencing hearing.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Strobehn
Any evidence of unconsented forced accompaniment, however insubstantial, suffices for bank robbery enhancement.
Criminal Law and Procedure Nov. 21, 2005
Prasoprat v. Benov
Defendant facing extradition to Thailand has no right to discover what punishment he will face if extradited.
Criminal Law and Procedure Nov. 21, 2005
Fowler v. Sacramento County Sheriff's Dept.
Preclusion of proffered cross-examination of alleged molestation victim was in error.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Johal
Grocer may be convicted for selling pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine.
Criminal Law and Procedure Nov. 21, 2005
Washington v. Lampert
Habeas petitioner who waived right to all appeals failed to prove ineffective assistance of counsel.
Criminal Law and Procedure Nov. 21, 2005
People v. Love
Time limit for preliminary hearing does not apply to defendant who waived limit, failed to appear and ended up back in jail.
Criminal Law and Procedure Nov. 18, 2005
People v. Martinez
Gang enhancement may be imposed along with serious felony enhancement.
Criminal Law and Procedure Nov. 18, 2005
Opinion of Lockyer
Arrestee committing minor infraction may be taken into custody upon failure to present identification even if he signs promise to appear.
Criminal Law and Procedure Nov. 17, 2005
People v. Martinez
Confidential attachment to search warrant that contained names of informants was properly left sealed.
Criminal Law and Procedure Nov. 16, 2005
People v. Florez
Defendant convicted of shooting at inhabited dwelling for furtherance of street gang is eligible for only 15 percent credit for presentence custody.
Criminal Law and Procedure Nov. 16, 2005
People v. Nguyen
Arrestee's invocation of right to counsel prior to completion of arrest and interrogation was not valid.
Criminal Law and Procedure Nov. 16, 2005
People v. Keovilayphone
There was no error in instructing jury that offense of rape in concert is general intent crime.
Criminal Law and Procedure Nov. 16, 2005
People v. Quintanilla
Instruction permitting jury to consider evidence of defendant's previous domestic violence charges was improper but harmless.
Criminal Law and Procedure Nov. 16, 2005
U.S. v. Moreno-Hernandez
Oregon conviction for fourth-degree assault committed in presence of victim's child is violent felony under U.S. Sentencing Guidelines.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Cirino
Puerto Rican convictions may constitute prior felony convictions under sentencing guidelines.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Hall
Admission of hearsay statements at proceeding to revoke defendant's supervised release did not violate his confrontation rights.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Trevino
Defendant's conviction for tax evasion is upheld despite erroneous jury instruction.
Criminal Law and Procedure Nov. 15, 2005
Jefferson v. Budge
District court erred in dismissing mixed habeas petition without first offering petitioner options to proceed.
Criminal Law and Procedure Nov. 15, 2005
Diaz v. Gates
Man who lost employment opportunities while falsely imprisoned may sue police department under RICO.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Fidler
Bond condition that results in de facto detention of defendant is proper because amount is necessary to reasonably assure attendance at trial.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Dupas
Supreme Court holding making Sentencing Guidelines advisory may be applied retroactively.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Williams
Police officer may order exiting passenger back into vehicle in interest of maintaining officer safety.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Chong
Defendant's conviction for murder-for-hire is reversed for lack of evidence that he offered anything of pecuniary value to hitmen.
Criminal Law and Procedure Nov. 15, 2005
U.S. v. Young
Evidence that defendant solely occupied residence where firearms were found was sufficient to establish constructive possession of firearm.
Criminal Law and Procedure Nov. 15, 2005
Hirschfield v. Payne
Criminal defendant who was improperly denied right to represent himself due to his lack of legal knowledge will receive new trial.
Criminal Law and Procedure Nov. 15, 2005