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Name Category Published
People v. Casper
Court is not required to impose consecutive sentences for offenses that fall outside of 'Three Strikes' sentencing scheme.
Criminal Law and Procedure Jun. 1, 2004
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination.
Criminal Law and Procedure May 31, 2004
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief.
Criminal Law and Procedure May 31, 2004
People v. Canty
Defendant is ineligible for drug treatment under Proposition 36 because driving under influence of drugs is not 'simple possession or use of drugs.'
Criminal Law and Procedure May 26, 2004
Sabri v. U.S.
Federal law against bribery of state or local entities that receive federal funds is lawful.
Criminal Law and Procedure May 25, 2004
U.S. v. Battles
District court must develop record to determine if defense counsel's withholding of trial transcripts justifies equitable tolling of limitations period for filing habeas petition.
Criminal Law and Procedure May 24, 2004
U.S. v. Pang
Invoices indicating that defendant was evading taxes were properly authenticated and admitted at trial.
Criminal Law and Procedure May 24, 2004
People v. Woodward
In trial for possession of child pornography, court's amplifying instruction on affirmative defense was erroneous.
Criminal Law and Procedure May 21, 2004
People v. Ary
Trial court's failure to order competency hearing deprived defendant of his constitutional right to fair trial.
Criminal Law and Procedure May 21, 2004
People v. DeLouize
Trial court has discretion to reconsider its order granting new trial motion in order to correct an error of law.
Criminal Law and Procedure May 21, 2004
People v. Weaver
Defendant should be permitted to withdraw guilty plea due to court's excessive involvement in plea negotiation process.
Criminal Law and Procedure May 19, 2004
In re Steele
Under Penal Code Section 1054.9, petitioner is now entitled to discovery of materials not provided at trial.
Criminal Law and Procedure May 19, 2004
U.S. v. Lewis
Trial that commenced over two years after defendant's initial arraignment was in violation of Speedy Trial Act.
Criminal Law and Procedure May 19, 2004
The Company v. U.S.
Private parties are not obligated to assist the FBI in intercepting communications when interference would hinder services provided.
Criminal Law and Procedure May 19, 2004
Johnson v. Reilly
Parole commission wasn't required to hold revocation hearing based on parole violator warrant which subsequently had supplemental charges added to it.
Criminal Law and Procedure May 19, 2004
U.S. v. Alvarez
Drug conviction is vacated to determine whether information was improperly withheld from defense.
Criminal Law and Procedure May 18, 2004
U.S. v. Keesee
Defendant who hid firearm in safe is subject to enhancement provision of Armed Career Criminal Act.
Criminal Law and Procedure May 18, 2004
U.S. v. Gomez
Wiretap application adequately explained that traditional techniques, including use of confidential informants, would not meet goals of investigation.
Criminal Law and Procedure May 18, 2004
U.S. v. Rodriguez-Gonzales
Defendant receives lighter sentence for illegal entry due to government's failure to plead subsequent entry.
Criminal Law and Procedure May 18, 2004
U.S. v. Hickey
Because none of defendant's contentions raise colorable claim under collateral order doctrine, appeals are dismissed for lack of jurisdiction.
Criminal Law and Procedure May 12, 2004
Middletown v. McNeil
State court did not unreasonably apply federal law in finding there was no reasonable likelihood jury was misled by faulty instruction.
Criminal Law and Procedure May 12, 2004
Dretke v. Haley
Federal court faced with claim of actual innocence must first address nondefaulted claims for comparable relief to excuse procedural default.
Criminal Law and Procedure May 12, 2004
U.S. v. Navarro-Vargas
Charge given by district court to grand jury did not deny defendant his Fifth Amendment right to unfettered judgment of grand jurors.
Criminal Law and Procedure May 12, 2004
U.S. v. Navidad-Marcos
District court improperly relied solely on abstract of judgment of prior conviction to enhance defendant's sentence.
Criminal Law and Procedure May 12, 2004
U.S. v. Manion
Jury properly instructed that defendant can be convicted for defendant's own acts constituting mail fraud if defendant knowingly participated in scheme to defraud.
Criminal Law and Procedure May 11, 2004
Webster v. Woodford
Judicial expansion of special circumstances that qualify for death sentence did not violate defendant's due process rights.
Criminal Law and Procedure May 11, 2004
U.S. v. Tapia-Marquez
Defendant, whose appeal became moot when he was released from custody while appeal was pending, is not entitled to vacatur of judgment.
Criminal Law and Procedure May 11, 2004
U.S. v. Glass
Summary contempt proceeding was improper forum for court to decide that defendant was not entitled to indigent legal services.
Criminal Law and Procedure May 11, 2004
Doe v. Tandeske
Alaska 's sex offender registration and notification statute does not violate plaintiffs' procedural or substantive due process rights.
Criminal Law and Procedure May 11, 2004
U.S. v. Alvarado-Guizar
District court is not required to make factual findings when electing not to impose enhancement for obstruction of justice.
Criminal Law and Procedure May 11, 2004