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Name Category Published
U.S. v. Delgado
To be convicted for drug possession, defendant did not necessarily need to know such possession constituted violation of law.
Criminal Law and Procedure May 11, 2004
U.S. v. Daychild
Sentencing court properly applied horizontal departure based on defendant's criminal history and risk of recidivism.
Criminal Law and Procedure May 11, 2004
U.S. v. Soriano
Finding that consent to warrantless search was voluntary, despite threats that children could be taken away, is not clear error.
Criminal Law and Procedure May 11, 2004
U.S. v. Johnson
Methamphetamine removed from package for controlled delivery is relevant for determining defendant's base offense level.
Criminal Law and Procedure May 10, 2004
Reese v. Baldwin
Defendant fairly presented federal claim of ineffective assistance of appellate counsel to Oregon Supreme Court and satisfies exhaustion requirement.
Criminal Law and Procedure May 10, 2004
U.S. v. Bird
Appellate court lacks jurisdiction to review indictments of Indian defendants.
Criminal Law and Procedure May 7, 2004
U.S. v. Barajas-Avalos
Entering natural clearing and searching travel trailer are not violations of defendant's Fourth Amendment rights.
Criminal Law and Procedure May 7, 2004
U.S. v. Sarbia
Court did not err in determining prior conviction of attempt was 'crime of violence' as defined by sentencing guidelines.
Criminal Law and Procedure May 7, 2004
U.S. v. McNeil
Because defendant's false statements were made in judicial proceeding, he is not subject to prosecution under 18 U.S.C. Section 1001.
Criminal Law and Procedure May 7, 2004
Sanders v. Lamarque
Defendant was entitled to habeas relief after trial court dismissed lone holdout juror.
Criminal Law and Procedure May 7, 2004
U.S. v. Joyce
Defendant's waiver of right to appeal precludes him from challenging two special conditions of release.
Criminal Law and Procedure May 7, 2004
U.S. v. Campos-Fuerte
Defendant's conviction for fleeing from police officer is crime of violence and qualifies as aggravated felony under federal sentencing guidelines.
Criminal Law and Procedure May 7, 2004
Powell v. Lambert
Where asserted state court procedural bar is not adequate, habeas corpus petitioner has exhausted federal claims in state court.
Criminal Law and Procedure May 7, 2004
U.S. v. Bautista
Warrantless entry by police into occupant's motel room based on unsupported report that stolen credit card was used to reserve room violated Constitution.
Criminal Law and Procedure May 7, 2004
U.S. v. Bynum
Exigent circumstances justified noncompliance with knock and announce requirement.
Criminal Law and Procedure May 7, 2004
U.S. v. Mack
Defendant who represented self but was denied right to present witnesses or closing argument is entitled to new trial.
Criminal Law and Procedure May 6, 2004
U.S. v. Barajas
Sufficient evidence supports defendant's conviction for aiding and abetting cultivation of marijuana.
Criminal Law and Procedure May 4, 2004
Robinson v. Ignacio
Petitioner's right to counsel was violated when trial court denied his timely request for representation at sentencing.
Criminal Law and Procedure May 4, 2004
People v. Johnson
California's procedures to evaluate peremptory challenges of jurors does not violate Constitution.
Criminal Law and Procedure May 3, 2004
U.S. v. Liang
Court erred in considering good eyesight a 'special skill' for sentencing enhancement purposes in card cheating case.
Criminal Law and Procedure May 2, 2004
People v. Konow
Trial court erred in dismissing criminal charges against defendants who allegedly sold medicinal marijuana.
Criminal Law and Procedure Apr. 29, 2004
U.S. v. Ziskin
Because drug trafficker participated in two distinct conspiracies, second conspiracy indictment did not violate double jeopardy.
Criminal Law and Procedure Apr. 26, 2004
U.S. v. Clough
District court had discretion to determine if downward sentence departure was warranted for defendant who sustained injuries from police shooting.
Criminal Law and Procedure Apr. 26, 2004
Chia v. Cambra
Trial court erred by excluding reliable and crucial evidence regarding defendant's innocence.
Criminal Law and Procedure Apr. 26, 2004
People v. Oates
Criminal street gang enhancement was improper where jury did not find defendant personally fired gun.
Criminal Law and Procedure Apr. 26, 2004
People v. Oates
Order
Criminal Law and Procedure Apr. 25, 2004
U.S. v. Rodriguez
Federal jurisdiction is not lost merely because defendant's intentions to rob narcotics trafficker could not have come true.
Criminal Law and Procedure Apr. 25, 2004
Cooper v. Rimmer
Death row inmate's emergency motion to stay execution is denied.
Criminal Law and Procedure Apr. 12, 2004
Caliendo v. Warden of California Men's Colony
Twenty-minute conversation between three jurors and detective who was prosecution witness may have improperly affected verdict by bolstering detective's credibility.
Criminal Law and Procedure Apr. 12, 2004
People v. Carmony
Order
Criminal Law and Procedure Apr. 9, 2004