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Name Category Published
U.S. v. Cassel
Offense of interfering with federal land sale does not punish protected speech and is constitutional. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Arevalo
Appellant who has voluntarily dismissed appeal must move to reinstate within time limits for filing notice of appeal. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Wyatt
Defendants who strung ropes above helicopter landing site to obstruct timber harvest are guilty of federal crime. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Quaempts
Defendant who opened front door to police while lying in bed did not waive expectation of privacy. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Ameline
Judge who imposed sentence when Sentencing Guidelines were mandatory will be asked whether sentence would change since Guidelines became advisory. 		Criminal Law and Procedure Aug. 23, 2005
Collier v. Bayer
Application of Nevada's time limits to defendant's habeas petition did not preclude federal review of petition. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Sandoval-Lopez
Attorney may be ineffective by not filing requested appeal even if defendant waived right to appeal in plea agreement. 		Criminal Law and Procedure Aug. 23, 2005
Shannon v. Newland
State supreme court decision handed down after petitioner's conviction did not trigger new one-year statute of limitations for habeas petition. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Burt
Defendant convicted of conspiracy to transport illegal aliens was entitled to have jury instructed on public authority defense. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Davis
Guilty plea can be withdrawn prior to sentencing when defense counsel grossly mischaracterizes possible sentence. 		Criminal Law and Procedure Aug. 23, 2005
Huftile v. Miccio-Fonseca
Favorable termination rule applies to civil commitments under California's Sexually Violent Predators Act. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Holler
Government's use of informant to assist in capturing defendant in drug bust did not violate due process. 		Criminal Law and Procedure Aug. 23, 2005
U. S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case. 		Criminal Law and Procedure Aug. 23, 2005
U.S. v. Zavala-Mendez
Deported alien who proceeds to border station directly after crossing border cannot be convicted of being found in United States. 		Criminal Law and Procedure Aug. 23, 2005
People v. Carson
Trial court can terminate defendant's right to self-representation for out-of-court misconduct. 		Criminal Law and Procedure Aug. 22, 2005
People v. Beck
Jury instructions regarding attempted murder and implied malice were reversible error. 		Criminal Law and Procedure Aug. 22, 2005
People v. Avitia
Police officer identification of gang graffiti in defendant's room is inadmissible in trial for discharging firearm. 		Criminal Law and Procedure Aug. 22, 2005
People v. Dobbins
Trial court's failure to order updated probation report before imposing sentence on defendant who violated probation is harmless error. 		Criminal Law and Procedure Aug. 22, 2005
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense. 		Criminal Law and Procedure Aug. 22, 2005
People v. Morris
Prosecutor is not required to file recommitment petition for prisoner who received outpatient treatment as mentally disordered offender. 		Criminal Law and Procedure Aug. 22, 2005
Hayes v. Woodford
Counsel's decision not to present background mitigating evidence is reasonable where defendant objected to involving his family and is aware of potential consequences. 		Criminal Law and Procedure Aug. 22, 2005
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief. 		Criminal Law and Procedure Aug. 22, 2005
Gratzer v. Mahoney
Montana jury instruction regarding mitigated deliberate homicide did not violate due process. 		Criminal Law and Procedure Aug. 22, 2005
Riggs v. Fairman
Petitioner who proves ineffective assistance of counsel is not entitled to have pre-error plea offer resurrected. 		Criminal Law and Procedure Aug. 22, 2005
Watts v. McKinney
Reasonable officer should know that kicking a helpless prisoner in the genitals is cruel and unusual. 		Criminal Law and Procedure Aug. 21, 2005
U.S. v. Tirouda
Court did not violate due process by advising jury to view accomplice's testimony that was favorable to defense with caution. 		Criminal Law and Procedure Aug. 21, 2005
U.S. v. Asberry
Consensual intercourse with underage partner is 'crime of violence' under federal sentencing guidelines. 		Criminal Law and Procedure Aug. 21, 2005
U.S. v. Schemenauer
Jurisdiction does not exist over interlocutory appeal from denial of defendant's motion to dismiss after jury deadlocked. 		Criminal Law and Procedure Aug. 21, 2005
People v. Martinez
Assault with deadly weapon is not lesser included offense of torture. 		Criminal Law and Procedure Aug. 21, 2005
U.S. v. Trevino
Defendant's conviction for tax evasion is upheld despite erroneous jury instruction. 		Criminal Law and Procedure Aug. 21, 2005
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