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Name Category Published
Guillory v. Superior Court (People)
Prosecution under Welfare and Institutions Code Section 602(b) may be initiated by grand jury indictment.
Criminal Law and Procedure Oct. 24, 2003
People v. Yeoman
Conviction and death sentence for defendant who fatally shot and robbed 73-year old victim are affirmed.
Criminal Law and Procedure Oct. 24, 2003
People v. Henderson
Defendant was entitled to pinpoint instruction on principles of flight relating to third-party suspect, although judge isn't compelled to draft such instruction.
Criminal Law and Procedure Oct. 24, 2003
People v. Floyd
For sentencing under Proposition 36, conviction occurs at sentencing, not when conviction is upheld on appeal.
Criminal Law and Procedure Oct. 24, 2003
Hall v. Director of Corrections
Falsification of material evidence violated defendant's due process rights and he is entitled to a new trial.
Criminal Law and Procedure Oct. 24, 2003
U.S. v. Defterios
Court improperly imposed one-month sentence for convictions for two counts of bank fraud.
Criminal Law and Procedure Oct. 24, 2003
Redd v. McGrath
Because limitations period began to run when Board of Prison Terms denied defendant's administrative appeal, his habeas petition to district court was untimely.
Criminal Law and Procedure Oct. 24, 2003
Opinion of Lockyer
Law that permits medical use of marijuana includes concentrated cannabis and hashish.
Criminal Law and Procedure Oct. 23, 2003
People v. Floyd
Order
Criminal Law and Procedure Oct. 23, 2003
U.S. v. Gaytan
Mayor was properly ordered to pay restitution in total amount of bribe money received.
Criminal Law and Procedure Oct. 22, 2003
McQuillion v. Duncan
District court properly interpreted appellate court's order to immediately release habeas corpus petitioner.
Criminal Law and Procedure Oct. 22, 2003
U.S. v. Bird
Government may prosecute defendants for burglary committed on Indian country even though victim was non-Indian.
Criminal Law and Procedure Oct. 22, 2003
U.S. v. Ritchie
Girlfriend of criminal defendant may seek return of personal property seized during search of her apartment.
Criminal Law and Procedure Oct. 21, 2003
Gonzalez v. Pliler
Due process violation may have occurred when defendant was forced to wear stun belt during trial.
Criminal Law and Procedure Oct. 21, 2003
U.S. v. Skurdal
Defendant's attorney's failure to file proper 'Anders' brief in support of being relieved from representing defendant, constituted ineffective assistance of counsel.
Criminal Law and Procedure Oct. 21, 2003
U.S. v. Leon
Court was authorized to grant downward sentence departure to defendant who had to care for ailing wife.
Criminal Law and Procedure Oct. 21, 2003
Gill v. Ayers
Court erred in refusing to allow defendant to testify at Three Strikes sentencing hearing.
Criminal Law and Procedure Oct. 21, 2003
Tracey v. Palmateer
State and federal courts are not required to hold hearing every time claim of juror bias is raised.
Criminal Law and Procedure Oct. 21, 2003
Sanders v. Ryder
Pro se habeas corpus petitioner sufficiently exhausted his federal ineffective assistance of counsel claim in state court.
Criminal Law and Procedure Oct. 21, 2003
U.S. v. Shryock
Convictions and sentences under RICO for defendants involved in Mexican mafia are affirmed.
Criminal Law and Procedure Oct. 21, 2003
U.S. v. Gunning
District court erred by delegating to probation office responsibility for making schedule for defendant's restitution.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Zuno-Arce
Defendant fails to show prejudice where new evidence supporting 'Brady-Bagley' claim would not have made difference to outcome of trial.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Waggoner
Defendant was not entitled to two attorneys after government filed notice that it was not seeking death penalty.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Alvarez-Farfan
Court erred in failing to allow jury to compare handwriting of two separate documents.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Pimentel-Flores
Defendant's prior conviction for 'assault, in violation of court order' is 'crime of violence' giving rise to 16-level sentence enhancement.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Cliatt
Defendant who attacked wife may be ordered to pay restitution to military hospital that treated her.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Belless
Defendant's misdemeanor conviction for assault is not predicate offense for illegal possession of firearm.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Ross
Attorney who was disbarred prior to defendant's trial did not necessarily render ineffective assistance of counsel.
Criminal Law and Procedure Oct. 16, 2003
People v. Moss
Defendant's forgetfulness is defense to willful failure to update registration as sex offender.
Criminal Law and Procedure Oct. 15, 2003
People v. Cox
Convictions and death sentence for defendant who murdered three teenage girls are affirmed.
Criminal Law and Procedure Oct. 15, 2003