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Name Category Published
People v. Martinez
Defendant's conviction for auto burglary was not 'gang-related' crime that requires gang registration.
Criminal Law and Procedure Jul. 12, 2004
People v. Haynie
Defendant who was not guilty by reason of insanity may exercise right against self-incrimination in hearing to extend civil commitment.
Criminal Law and Procedure Jul. 12, 2004
People v. Superior Court (German)
Defendant can be prosecuted for committing lewd act upon child under 'extended' statute of limitations.
Criminal Law and Procedure Jul. 12, 2004
People v. Morse
Defendant who intended to burn own property with molotov cocktail is guilty of possession of incendiary device.
Criminal Law and Procedure Jul. 12, 2004
People v. Robinson
Although court properly ruled on challenge to individual juror, it erred in manner in which it applied 'People v. Wheeler.'
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Batterjee
Conviction of non-immigrant alien who was misled into believing he could possess firearms is reversed.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Rios-Beltran
Prior conviction for criminal offense under Oregon law was properly treated as 'felony' for federal sentencing purposes.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Koonin
Statute of limitations to prosecute conspiracy begins to run on day after last overt act is performed.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Naghani
Defendant's conviction and sentence for making threats to flight attendants were proper.
Criminal Law and Procedure Jul. 12, 2004
Stankewitz v. Woodford
Attorney's failure to present substantial mitigating evidence in penalty phase of murder trial results in remand.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Leon H.
Court did not err in sentencing minor based on his age at dispositional hearing rather than at time crime was committed.
Criminal Law and Procedure Jul. 12, 2004
Ramirez v. Castro
Defendant's life sentence for stealing VCR was cruel and unusual punishment.
Criminal Law and Procedure Jul. 12, 2004
Arredondo v. Ortiz
Witness's invocation of Fifth Amendment privilege at criminal trial extended to collateral matters.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Viayra
In criminal case, court may not convert motion for judgment of acquittal into new trial motion absent request by defendant.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Gonzalez
Denial of probation based upon 'preponderance of evidence' was correct.
Criminal Law and Procedure Jul. 12, 2004
Schriro v. Summerlin
Requirement that aggravating factors for death penalty be found by jury is not substantive or 'watershed' procedural rule that applies retroactively.
Criminal Law and Procedure Jul. 11, 2004
Blakely v. Washington
Kidnapper's enhanced sentence based on judge's disputed finding of "deliberate cruelty" violates his right to trial by jury.
Criminal Law and Procedure Jul. 11, 2004
Beard v. Banks
Capital sentencing scheme requiring jury to disregard mitigating factors not found to be unanimously invalid cannot be applied retroactively to defendant.
Criminal Law and Procedure Jul. 11, 2004
Tennard v. Dretke
Defendant with I.Q. of 67 who received death penalty will have chance to appeal sentence.
Criminal Law and Procedure Jul. 11, 2004
U.S. v. Patane
Failure by police to give Miranda warning does not mandate suppression of physical fruits of unwarned, voluntary statements.
Criminal Law and Procedure Jul. 11, 2004
Holland v. Jackson
Defendant who located witness seven years after murder conviction is not entitled to habeas relief.
Criminal Law and Procedure Jul. 11, 2004
Missouri v. Seibert
In nearly continuous interrogation, second statement that is product of invalid pre-Miranda statement should be suppressed.
Criminal Law and Procedure Jul. 11, 2004
Rumsfeld v. Padilla
Federal habeas petitioner must bring action against immediate physical custodian in district of confinement.
Criminal Law and Procedure Jul. 11, 2004
Allen v. Woodford
Defense counsel's failure to present mitigating witness testimony is harmless error due to overwhelming evidence of defendant's guilt.
Criminal Law and Procedure Jul. 9, 2004
Jackson v. Giurbino
Petitioner's felony-murder conviction is vacated due to prejudicial Miranda error.
Criminal Law and Procedure Jul. 9, 2004
Lee v. Gregory
Officer isn't entitled to summary judgment on qualified immunity grounds if he knew he was arresting wrong person.
Criminal Law and Procedure Jul. 8, 2004
U.S. v. Ortiz
Conspiracy requires both furtherance of joint criminal activity and reasonable foreseeability of conduct.
Criminal Law and Procedure Jul. 8, 2004
U.S. v. Linn
Appellate court lacks jurisdiction to review trial court's discretionary denial of downward sentencing departure.
Criminal Law and Procedure Jul. 8, 2004
U.S. v. Nava
Motorist who was briefly handcuffed after being stopped at border was detained but not arrested.
Criminal Law and Procedure Jul. 8, 2004
U.S. v. Shipsey
Reindictment within grace period is permitted where Speedy Trial Act dismissal after statute of limitations expired is without prejudice.
Criminal Law and Procedure Jul. 8, 2004