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Name Category Published
People v. Guzman
Trial court did not err in revoking drug treatment probation where defendant made no effort to comply with probation and left country. 		Criminal Law and Procedure Jul. 28, 2003
People v. Ferguson
Exclusionary rule applies where search of defendant was based on erroneous information that he was on probation. 		Criminal Law and Procedure Jul. 28, 2003
Robert L. v. Superior Court (People)
Alternate penalty provision directed at gang crime applies to both misdemeanors and felonies. 		Criminal Law and Procedure Jul. 28, 2003
People v. Flores
Appellate court had authority to return case to trial court to determine whether criminal defendant had ability to pay attorney fees. 		Criminal Law and Procedure Jul. 28, 2003
U.S. v. Cedano-Arellano
Court's refusal to permit defendant to conduct discovery regarding narcotics dog was harmless error. 		Criminal Law and Procedure Jul. 25, 2003
Ho v. Carey
Prisoner has constitutional right to have jury decide each element of second-degree murder offense based on implied malice. 		Criminal Law and Procedure Jul. 25, 2003
U.S. v. Cabaccang
Transport of drugs on nonstop flight from California to Guam does not constitute importation. 		Criminal Law and Procedure Jul. 25, 2003
People v. Henderson
Trial court properly admitted DNA evidence after concluding capillary electophoresis procedure has gained general acceptance within scientific community. 		Criminal Law and Procedure Jul. 25, 2003
People v. Chagoyan
Trial court cannot deny finding of factual innocence without conducting evidentiary hearing. 		Criminal Law and Procedure Jul. 25, 2003
People v. Portillo
Court did not err in expanding scope of felony-murder sex offenses to include homicide that occurred after sex offenses were complete. 		Criminal Law and Procedure Jul. 25, 2003
U.S. v. Vargas-Castillo
Indictment charging defendant with separate counts for different controlled substances was not multiplicitous and no double jeopardy violation occurred. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Shumate
Defendant with prior conviction for delivery of marijuana qualifies as career drug offender. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Odom
Defendant's inadvertent display of gun during bank robbery is insufficient to support armed robbery conviction. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Foreman
Court's denial of defendant's request to substitute counsel did not invalidate guilty plea. 		Criminal Law and Procedure Jul. 23, 2003
Vang v. State of Nevada
Habeas claims are not procedurally defaulted because state failed to rely on default in its motion to dismiss. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Tekle
Sufficient evidence supports conviction of money laundering where necessary concealment is that of source of funds, not identity of defendant. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Migi
'Playground' where drugs are distributed includes areas with basketball court, softball field and skating rink. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Brande
Communication between juror and court clerk mandates evidentiary hearing to determine possible prejudicial impact. 		Criminal Law and Procedure Jul. 23, 2003
U.S. v. Verduzco
Defendant who pleaded 'no contest' to charge violated terms of supervised release. 		Criminal Law and Procedure Jul. 22, 2003
Brambles v. Duncan
Equitable tolling applies because court misled petitioner to believe he could dismiss habeas petition without prejudice, exhaust state claims and refile in federal court. 		Criminal Law and Procedure Jul. 22, 2003
U.S. v. Smith
Sentencing guidelines preclude downward departure despite existence of extraordinary circumstances surrounding defendant's mental condition. 		Criminal Law and Procedure Jul. 22, 2003
U.S. v. T.M.
District court's imposition of certain conditions of supervised release relating to defendant's status as sex offender are vacated. 		Criminal Law and Procedure Jul. 22, 2003
U.S. v. Velte
Defendant who purposefully set fire to national forest is not entitled to acquittal of offense for setting fire without authority. 		Criminal Law and Procedure Jul. 22, 2003
Hunt v. Pliler
District court improperly delegated authority to magistrate to rule on habeas petition. 		Criminal Law and Procedure Jul. 22, 2003
Bittaker v. Woodford
Defendant claiming ineffective assistance of counsel waives attorney-client privilege only while habeas petition is being litigated. 		Criminal Law and Procedure Jul. 22, 2003
Guillory v. Superior Court (People)
Juveniles may be prosecuted in adult court by grand jury indictment under Proposition 21. 		Criminal Law and Procedure Jul. 16, 2003
U.S. v. Alanis
Trial court has duty to complete all steps of 'Batson v. Kentucky' process without further request or objection from counsel. 		Criminal Law and Procedure Jul. 16, 2003
Wiggins v. Smith
Performance of defendant's attorneys at sentencing hearing violated his right to effective counsel. 		Criminal Law and Procedure Jul. 9, 2003
People v. Medina
Officers, stopping driver for broken taillight, cannot detain and frisk solely because stop occurred at night in high crime area. 		Criminal Law and Procedure Jul. 7, 2003
People v. White
Police officer's good-faith error as to vehicle code violations does not form valid basis for traffic stop. 		Criminal Law and Procedure Jun. 25, 2003
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