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Name Category Published
People v. Navarette
Claim that prosecutor committed misconduct during penalty phase of trial was unfounded. 		Criminal Law and Procedure Aug. 19, 2003
U.S. v. Moreno-Morillo
District court properly exercised its jurisdiction pursuant to Maritime Drug Law Enforcement Act. 		Criminal Law and Procedure Aug. 18, 2003
Rohan v. Woodford
District court must stay capital habeas proceedings while petitioner is incompetent. 		Criminal Law and Procedure Aug. 18, 2003
U.S. v. Shimoda
Defendant who pleaded guilty to drug offense waived right to appeal his sentence. 		Criminal Law and Procedure Aug. 18, 2003
U.S. v. Wong
Evidence of child pornography discovered during execution of search warrants as part of murder investigation is admissible under plain view doctrine. 		Criminal Law and Procedure Aug. 18, 2003
People v. Acevedo
Failure to prove that police car exhibited red light requires reversal of conviction for evading police officer. 		Criminal Law and Procedure Aug. 13, 2003
People v. Superior Court (Bradway)
Special circumstance of lying in wait is distinguishable from first-degree murder by lying in wait and thus not unconstitutionally vague. 		Criminal Law and Procedure Aug. 13, 2003
People v. Fonseca
Court didn't err in instructing jury not to speculate on reasons why co-perpetrator may not have been prosecuted. 		Criminal Law and Procedure Aug. 13, 2003
People v. Snow
Court may sentence defendant cumulatively under One and Three Strikes laws. 		Criminal Law and Procedure Aug. 13, 2003
People v. LeCorno
Jury instructions failing to properly instruct jury on element of knowledge were prejudicial error. 		Criminal Law and Procedure Aug. 12, 2003
In re Roberts
Habeas petition failed to establish that state knowingly offered perjured testimony at trial. 		Criminal Law and Procedure Aug. 12, 2003
In re John Z.
Defendant who continues intercourse with victim who withdraws initial consent is guilty of forcible rape. 		Criminal Law and Procedure Aug. 12, 2003
In re Cox
Despite false testimony and recantations by crucial prosecution witnesses, defendant is not entitled to habeas corpus relief. 		Criminal Law and Procedure Aug. 11, 2003
People v. Lobato
Verdict for weight enhancement related to count of conspiracy need not expressly include substantial involvement element. 		Criminal Law and Procedure Aug. 11, 2003
Story v. Superior Court (People)
Records of psychotherapy ordered as condition of probation are protected from disclosure by psychotherapist-patient privilege. 		Criminal Law and Procedure Aug. 11, 2003
People v. Montes
Ten-year street gang enhancement was improper for gang member sentenced to life for attempted second degree murder. 		Criminal Law and Procedure Aug. 11, 2003
Black on Habeas Corpus
Order 		Criminal Law and Procedure Aug. 11, 2003
People v. Szymanski
Denial of challenge for cause as to juror is abuse of court's discretion. 		Criminal Law and Procedure Aug. 11, 2003
People v. Meloney
Court adjudicating defendant's 'secondary offense' may apply stay in sentence enhancement in two different ways. 		Criminal Law and Procedure Aug. 11, 2003
In re Varnell
Courts may not use Penal Code Section 1385 to disregard sentencing factors of Proposition 36. 		Criminal Law and Procedure Aug. 11, 2003
People v. Sanders
Law enforcement officers exceed scope of protective sweep when they search entire apartment and cocaine seized must be suppressed. 		Criminal Law and Procedure Aug. 10, 2003
In re Emiliano (People v. Emiliano)
Requiring juvenile to register as gang member as condition of probation violation was improper. 		Criminal Law and Procedure Aug. 10, 2003
People v. Reliford
Jury instruction on evidence of defendant's prior sexual offense was not misleading. 		Criminal Law and Procedure Aug. 10, 2003
People v. Jones
Defendant's conviction and death sentence for felony murder are affirmed. 		Criminal Law and Procedure Aug. 10, 2003
U.S. v. Davis
Lessee of apartment lacked authority to consent to police search of belongings in room that she did not occupy. 		Criminal Law and Procedure Aug. 4, 2003
U.S. v. Britt
Defendant convicted of drug offense was improperly restricted from engaging in occupation as credit counselor. 		Criminal Law and Procedure Aug. 3, 2003
People v. Kons
Admission of statement which identified shooter was violation of defendant's confrontation clause right. 		Criminal Law and Procedure Jul. 29, 2003
People v. Jones
Kidnapping statute is not pre-empted by child abduction law. 		Criminal Law and Procedure Jul. 29, 2003
People v. Buttram
Appellate court erroneously concluded probable cause certificate was necessary for defendant to assert abuse of sentencing discretion. 		Criminal Law and Procedure Jul. 28, 2003
People v. Hammer
'One Strike' law applies to defendant with prior specified conviction that led to probation. 		Criminal Law and Procedure Jul. 28, 2003
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