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Name Category Published
U.S. v. Antelope
Sex offender undergoing treatment cannot be compelled to detail sexual history that could be used for future prosecutions.
Criminal Law and Procedure Jul. 25, 2005
U.S. v. Garcia
Newly-discovered evidence was 'fair and just reason' for withdrawal of guilty plea.
Criminal Law and Procedure Jul. 25, 2005
Fields v. Waddington
State court's review of claim using federal principles does not transform claim into federal constitutional claim.
Criminal Law and Procedure Jul. 25, 2005
U.S. v. Ogles
Firearms license issued to dealer is location-specific except for temporary sales locations.
Criminal Law and Procedure Jul. 13, 2005
Cassett v. Stewart
Federal court may deny unexhausted habeas petition on merits only when it is perfectly clear that no colorable federal claim is raised.
Criminal Law and Procedure Jul. 13, 2005
U.S. v. Cardenas
Defendant who waived appeal in plea agreement cannot appeal finding of ineligibility for safety valve relief.
Criminal Law and Procedure Jul. 13, 2005
U.S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case.
Criminal Law and Procedure Jul. 13, 2005
U.S. v. Luong
Defendant acquitted of RICO charges may be subsequently charged under Hobbs Act.
Criminal Law and Procedure Jul. 12, 2005
Grotemeyer v. Hickman
No juror misconduct occurred when jury foreman drew on her medical experience to form her opinions.
Criminal Law and Procedure Jul. 12, 2005
People v. Noel
Defendant convicted of second-degree murder after her dog mauled neighbor is not entitled to retrial.
Criminal Law and Procedure Jul. 12, 2005
Lambert v. Blodgett
In evaluating habeas corpus petition, district court erroneously disregarded state courts' factual findings and conclusions of law.
Criminal Law and Procedure Jul. 12, 2005
Boyd v. Newland
State court did not violate clearly established federal law by using nonjury juvenile adjudication to enhance sentence.
Criminal Law and Procedure Jul. 12, 2005
Docken v. Chase
Petitioner's challenge to timing of parole review was properly cognizable under federal habeas statute.
Criminal Law and Procedure Jul. 12, 2005
Fuller v. Superior Court (People)
Assigning petitions for writs of habeas corpus to trial court judge whose ruling is subject of petition is improper.
Criminal Law and Procedure Jul. 12, 2005
People v. Lopez
Gang member sentenced to 25 years to life for murder cannot receive 10-year gang enhancement.
Criminal Law and Procedure Jul. 12, 2005
Dodd v. U.S.
Defendant's motion to set aside conviction was filed after one-year limitations period expired.
Criminal Law and Procedure Jul. 11, 2005
U.S. v. Gordon
District court correctly calculated defendant's restitution obligation based on 'date of loss.'
Criminal Law and Procedure Jul. 11, 2005
U.S. v. Beck
Prior to line-up, eyewitness's recollection may be refreshed through photographs of actual crime.
Criminal Law and Procedure Jul. 11, 2005
U.S. v. Rodriguez-Rodriguez
Sentencing judge misapplied guidelines in determining levels of enhancement of defendant's sentence.
Criminal Law and Procedure Jul. 11, 2005
People v. Tewolde
Aggravating factors resulting in upper-term sentence for defendant should have been found true by jury.
Criminal Law and Procedure Jul. 11, 2005
Brierton v. Department of Motor Vehicles
Circumstances of defendant's driving provided reasonable suspicion for traffic stop and suspension of license.
Criminal Law and Procedure Jul. 7, 2005
U. S. v. Callum
Wiretap order need not name authorizing party when it was authorized by empowered official.
Criminal Law and Procedure Jul. 6, 2005
Halbert v. Michigan
Michigan court must appoint counsel to defendant applying for leave to appeal following guilty plea.
Criminal Law and Procedure Jun. 24, 2005
Mayle v. Felix
Untimely habeas claim did not 'relate back' to earlier timely claim that asserted different grounds for relief.
Criminal Law and Procedure Jun. 24, 2005
Gonzalez v. Crosby
Motion for relief from habeas judgment is not treated as successive petition if it does not claim state conviction error.
Criminal Law and Procedure Jun. 24, 2005
U.S. v. Bradley
Police were entitled to enter private residence without warrant based on concern for child's welfare.
Criminal Law and Procedure Jun. 22, 2005
Coffey v. Superior Court (People)
Defendant convicted of 'wobbler' offense is not entitled to return of DNA samples.
Criminal Law and Procedure Jun. 21, 2005
U.S. v. Bergonzi
Appeal of court's discovery order became moot when intervenor conceded that defendants were entitled to materials.
Criminal Law and Procedure Jun. 20, 2005
U.S. v. Lincoln
Context of defendant's letter did not amount to 'true threat' against President's life.
Criminal Law and Procedure Jun. 20, 2005
People v. Sumahit
Sexually violent predator who refuses interview may not challenge sufficiency of evidence that he currently lacks ability to control his behavior.
Criminal Law and Procedure Jun. 20, 2005