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Name Category Published
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
U.S. v. De La Fuente
Defendant convicted of mailing threats may be ordered to pay restitution to postal service.
Criminal Law and Procedure Feb. 17, 2004
U.S. v. Gutierrez-Silva
Sentence for illegal re-entry that exceeded government's recommendation was lawful.
Criminal Law and Procedure Feb. 17, 2004
U.S. v. Jones
Trial court was not required to provide written jury instructions.
Criminal Law and Procedure Feb. 17, 2004
People v. Hard
Defendant who was detected during early stages of methamphetamine production was subject to volume enhancement.
Criminal Law and Procedure Feb. 11, 2004
People v. Murphy
Evidence obtained following violation of 'knock-notice' requirements must be suppressed.
Criminal Law and Procedure Feb. 11, 2004
Moore v. State Board of Control
Crime victims' requests for restitution are untimely despite police's failure to advise victims of eligibility.
Criminal Law and Procedure Feb. 10, 2004
People v. Augustin
Court did not err in allowing parties to use leading questions when examining witness with speech disability.
Criminal Law and Procedure Feb. 10, 2004
U.S. v. Pedroza
Court lacks jurisdiction of defendant's appeal challenging extent to which district court reduced offense level and sentence.
Criminal Law and Procedure Feb. 5, 2004
Fellers v. U.S.
Because officers deliberately elicited information from petitioner after indictment, officers' actions violated Sixth Amendment.
Criminal Law and Procedure Feb. 5, 2004
U.S. v. Thomas
District court erred in ruling defendant's guilty plea necessarily admitted drug quantity allegation in indictment.
Criminal Law and Procedure Feb. 5, 2004
People v. Perry
Order
Criminal Law and Procedure Jan. 30, 2004
People v. Black
Magistrate erred by relying on defendant's probation status for denying defendant's motion to suppress evidence obtained in warrantless search of his residence.
Criminal Law and Procedure Jan. 29, 2004
People v. Haridman
Order
Criminal Law and Procedure Jan. 29, 2004
U.S. v. Erskine
Defendant's waiver of counsel was not valid because trial court failed to advise him correctly of possible penalties.
Criminal Law and Procedure Jan. 27, 2004
Wilson v. Czerniak
Having been acquitted of lesser included offense of intentional murder, habeas petitioner may not be retried for aggravated felony murder.
Criminal Law and Procedure Jan. 27, 2004
People v. Gutierrez
Court decides that guidelines for admissibility of evidence under 'Pitchess v. Superior Court' are not unconstitutional.
Criminal Law and Procedure Jan. 23, 2004
People v. Maglaya
Trial court properly allowed nonexpert police officer to testify regarding similarity of shoe prints found at crime scene with pattern of defendant's shoes.
Criminal Law and Procedure Jan. 23, 2004
People v. Stewart
Defendant was entitled to challenge search of residence where he had unlimited access.
Criminal Law and Procedure Jan. 23, 2004
People v. Stowell
Appeal of HIV testing order is subject to general rule requiring timely objection.
Criminal Law and Procedure Jan. 23, 2004
People v. Butler
Defendant may challenge sufficiency of HIV testing evidence on appeal even in absence of timely objection.
Criminal Law and Procedure Jan. 23, 2004
Illinois v. Lidster
Traffic stop aimed at obtaining information from motorists regarding past crime did not violate Fourth Amendment.
Criminal Law and Procedure Jan. 21, 2004
U.S. v. Bright
District court could not have reduced or offset defendant's obligations for forfeited funds not paid over to his victims.
Criminal Law and Procedure Jan. 13, 2004
Hell's Angels Motorcycle Corp. v. McKinley
Corporation had no reasonable expectation of privacy in documents that were subject of previous lawful seizure.
Criminal Law and Procedure Jan. 13, 2004