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King v. Roe
Petitioner is not entitled to tolling because second series of habeas petitions is treated as separate round of collateral review.
Criminal Law and Procedure Oct. 9, 2003
Jaramillo v. Stewart
Petitioner's claim of actual innocence is sufficient to require evidentiary hearing despite procedural default.
Criminal Law and Procedure Oct. 9, 2003
Evanchyk v. Stewart
Where felony murder was theory of first-degree murder, generic conspiracy instruction omitted element of intent to kill and violated defendant's due process rights.
Criminal Law and Procedure Oct. 9, 2003
Miller v. Clark County
Officer who ordered police dog to bite and hold suspect did not violate Fourth Amendment.
Criminal Law and Procedure Oct. 9, 2003
Lounsbury v. Thompson
Because defendant's competency claim was logically contained within his state petition for review, his federal habeas appeal isn't procedurally barred.
Criminal Law and Procedure Oct. 9, 2003
U.S. v. Garcia
Defendants must show exceptional reasons justifying release on bail pending their appeals.
Criminal Law and Procedure Oct. 9, 2003
U.S. v. Sutter
Pending discovery motion that is under advisement does not indefinitely suspend defendant's right to speedy trial.
Criminal Law and Procedure Oct. 9, 2003
People v. Neal
Confessions made by defendant who initiated contact with police following evening of isolated confinement were involuntary.
Criminal Law and Procedure Oct. 9, 2003
People v. Martinez
Defendant's murder conviction in Texas qualifies as prior murder for purposes of California's special circumstance provision.
Criminal Law and Procedure Oct. 8, 2003
People v. Gilbeaux
Janitors, non-employees of grocery store, still had constructive possession of property for purposes of robbery convictions.
Criminal Law and Procedure Oct. 8, 2003
People v. Gonzalez
Trial court need not issue tentative decision in order for parties to be clearly apprised of sentence intended by court.
Criminal Law and Procedure Oct. 8, 2003
People v. Williams
Act's definition of sexually violent predator encompasses requirement that offender has serious difficulty in controlling sexual behavior.
Criminal Law and Procedure Oct. 8, 2003
People v. Crew
Conviction and death sentence for defendant who murdered wife are upheld.
Criminal Law and Procedure Oct. 8, 2003
People v. Reynoso
Trial court's conclusion that prosecutor's exercise of peremptory challenges was sincere and genuine is entitled to great deference.
Criminal Law and Procedure Oct. 8, 2003
Nulph v. Cook
Parole board vindictively increased sentence of defendant who was successful on appeal.
Criminal Law and Procedure Oct. 8, 2003
U.S. v. Villalobos
Defendant who was not informed about prosecutor's burden of proof regarding drug quantity may withdraw guilty plea.
Criminal Law and Procedure Oct. 8, 2003
U.S. v. Guerrero
District court must reconsider whether defendant deserves downward sentence departure for aberrant behavior.
Criminal Law and Procedure Oct. 8, 2003
U.S. v. Riley
Because evidence did not support enhancement for possessing five or more means of false identification, sentence is vacated.
Criminal Law and Procedure Oct. 7, 2003
U.S. v. Woods
Proof of specific material false statement is not required for mail or wire fraud convictions.
Criminal Law and Procedure Oct. 7, 2003
Cockett v. Ray
District court was correct in dismissing defendant's confrontation clause claim as procedurally defaulted.
Criminal Law and Procedure Oct. 7, 2003
U.S. v. Gurolla
Defendant who was not permitted to present entrapment defense is entitled to retrial.
Criminal Law and Procedure Oct. 7, 2003
Davis v. Woodford
Evidence of strangulation strongly suggests premeditation and deliberation sufficent enough to sustain first-degree murder conviction.
Criminal Law and Procedure Oct. 7, 2003
U.S. v. Ceja-Prado
Federal court may have lacked jurisdiction to hear criminal case involving alleged minor.
Criminal Law and Procedure Oct. 7, 2003
U.S. v. Sanchez-Sanchez
Court must review discrepancies with regard to defendant's prior conviction and magistrate lacked authority to accept defendant's admission of supervised release violation.
Criminal Law and Procedure Oct. 7, 2003
People v. Superior Court (Feather)
Order
Criminal Law and Procedure Oct. 6, 2003
People v. Morgan
Jury instruction doesn't have 'chilling effect' on deliberations, but does protect due process rights of litigants.
Criminal Law and Procedure Oct. 6, 2003
People v. Valot
Juror was improperly discharged after court erroneously concluded she was refusing to deliberate.
Criminal Law and Procedure Oct. 6, 2003
Jackson on Habeas Corpus
Order
Criminal Law and Procedure Oct. 5, 2003
People v. Foster
Sentence imposing hormone suppression treatment for sex offender is not cruel and unusual punishment.
Criminal Law and Procedure Oct. 3, 2003
People v. Allen
Court's failure to determine whether prosecutor improperly used peremptory challenges based on race requires reversal of conviction.
Criminal Law and Procedure Oct. 3, 2003