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People v. Martinez
Court's use of inadmissible hearsay evidence in defendant's trial resulted in harmless error.
Criminal Law and Procedure Mar. 15, 2004
People v. Cheaves
Conviction for maliciously and falsely reporting planting of bomb is upheld.
Criminal Law and Procedure Mar. 15, 2004
People v. DeGuzman
Statutory ambiguity did not warrant dismissal of defendant's conviction for numerous counts of explosives possession.
Criminal Law and Procedure Mar. 15, 2004
People v. Grant
Joinder of two charged crimes against property substantially prejudiced defendant and denied him fair trial.
Criminal Law and Procedure Mar. 15, 2004
People v. Fielder
Prior felony conviction that did not lead to incarceration may be used to enhance sentence despite 'washout rule.'
Criminal Law and Procedure Mar. 15, 2004
People v. Maciel
Court rules that language in Penal Code Section 422 is not vague because it provides standard of conduct for activities proscribed.
Criminal Law and Procedure Mar. 15, 2004
People v. Superior Court (Andrades)
Prior juvenile adjudications for robbery that occurred prior to passage of Proposition 21 may be considered under Three Strikes law.
Criminal Law and Procedure Mar. 15, 2004
People v. Jensen
Improper jury instruction in Internet child pornography case contributed to jury's verdict and was therefore not harmless error.
Criminal Law and Procedure Mar. 11, 2004
U.S. v. Hernandez-Valdovinos
Defendant's prior conviction for 'Attempted Sale of Narcotics' is drug trafficking offense for purpose of sentencing guideline's enhancement.
Criminal Law and Procedure Mar. 11, 2004
U.S. v. Somsamouth
SSI benefits recipients' statements regarding inability to engage in substantial gainful activity constituted false representations of material fact.
Criminal Law and Procedure Mar. 11, 2004
Riley v. Payne
Attorney's failure to interview key client in criminal case results in ineffective assistance of counsel.
Criminal Law and Procedure Mar. 11, 2004
U.S. v. Mitchell
Court did not miscalculate defendant's criminal history score under U.S. Sentencing Guidelines by including 1993 juvenile conviction.
Criminal Law and Procedure Mar. 11, 2004
Beier v. City of Lewiston
Police officers who arrested plaintiff for violating protection order they did not read are not entitled to qualified immunity.
Criminal Law and Procedure Mar. 11, 2004
Williams v. Rhoades
Prosecutor's peremptory strike of African American from defendant's jury did not violate equal protection guarantees.
Criminal Law and Procedure Mar. 11, 2004
U.S. v. Deemer
Police officers' entry into adjacent hotel room did not fall within emergency exception to Fourth Amendment warrant requirement.
Criminal Law and Procedure Mar. 11, 2004
People v. Watson
Elder abuse hearsay exception under Evidence Code Section 1380 is not unconstitutional on its face.
Criminal Law and Procedure Mar. 11, 2004
People v. Glasper
Court did not err in finding defendants ineligible for substance abuse treatment under Proposition 36.
Criminal Law and Procedure Mar. 11, 2004
Humanitarian Law Project v. U.S. Dept. of Justice
Defendants charged with supporting terrorism must have knowledge that group had been designated as terrorist organization.
Criminal Law and Procedure Mar. 10, 2004
People v. Chiu
Defendant sentenced to life without possibility of parole may receive enhancement for firearm use.
Criminal Law and Procedure Mar. 10, 2004
People v. Johnston
After jury found defendant guilty of second degree murder, trial court erroneously reduced crime to voluntary manslaughter.
Criminal Law and Procedure Mar. 10, 2004
People v. Tilehkooh
Defendant whose probation was revoked for possessing marijuana may raise defense that it was used for medical purposes.
Criminal Law and Procedure Mar. 10, 2004
People v. Futrell
Misdemeanor crime of aiding prostitute is not lesser-included offense of felony pimping.
Criminal Law and Procedure Mar. 10, 2004
Baldwin v. Reese
State prisoner does not fairly present claim to state court if court must read beyond petition or brief to find presence of such claim.
Criminal Law and Procedure Mar. 9, 2004
Steele on Habeas Corpus
Order
Criminal Law and Procedure Mar. 5, 2004
Banks v. Dretke
Appellate court erred in dismissing petitioner's 'Brady' claim and denying him certificate of appealability.
Criminal Law and Procedure Mar. 2, 2004
Groh v. Ramirez
Search unreasonable under Fourth Amendment for failure of warrant to describe with particularity things to be seized.
Criminal Law and Procedure Mar. 2, 2004
Ramirez v. Butte-Silver Bow County
Officers are entitled to qualified immunity when search warrant discovered to be defective after search.
Criminal Law and Procedure Feb. 27, 2004
People v. Smith
State supreme court rejects doctrine of sentencing entrapment.
Criminal Law and Procedure Feb. 17, 2004
Shaw v. Terhune
Prosecutions of two defendants arising from single instance of firearm use did not lead to constitutional violation.
Criminal Law and Procedure Feb. 17, 2004
U.S. v. Garcia-Rivera
Trial court's ambiguous instruction to jury regarding time period of crime requires new trial.
Criminal Law and Procedure Feb. 17, 2004