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Name Category Published
U.S. v. Celestine
Affidavit supporting probable cause determination for warrant need not be served at time of search. 		Criminal Law and Procedure May 30, 2003
U.S. v. Chen
Immigrant's false statements regarding entry into United States were material for his conviction for making false statement. 		Criminal Law and Procedure May 30, 2003
U.S. v. Fernandez-Castillo
Reasonable suspicion to conduct investigatory vehicle stop was present where officer received credible report that vehicle was driven erratically. 		Criminal Law and Procedure May 30, 2003
U.S. v. Velasco-Heredia
For sentencing purposes, court must employ 'beyond a reasonable doubt' standard when determining amount of marijuana attributable to defendant. 		Criminal Law and Procedure May 30, 2003
U.S. v. Ballesteros-Ruiz
State conviction for possession of marijuana does not qualify as aggravated felony for purpose of imposing sentencing enhancement. 		Criminal Law and Procedure May 29, 2003
U.S. v. Leasure
Government has burden of proving defendant manufactured drugs while operating narcotics laboratory. 		Criminal Law and Procedure May 29, 2003
Peterson v. Lampert
Where petitioner did not adequately present federal claim to Oregon Supreme Court, habeas corpus petition was properly dismissed. 		Criminal Law and Procedure May 29, 2003
U.S. v. Grice
Restitution for related but uncharged conduct does not violate ex post facto clause. 		Criminal Law and Procedure May 29, 2003
People v. Magee
Jury instructions which failed to instruct on elements of robbery were improper where defendant was convicted of being accessory to crime. 		Criminal Law and Procedure May 28, 2003
People v. Gotfried
Search warrant authorizing use of thermal imaging device to scan residence was issued without probable cause. 		Criminal Law and Procedure May 28, 2003
People v. Thuss
Fresh marijuana clippings in defendant's trash can outside his house furnished probable cause for search warrant of house. 		Criminal Law and Procedure May 28, 2003
People v. Gomez
Transferred intent instruction submitted to jury was not prejudicial error. 		Criminal Law and Procedure May 28, 2003
People v. Broughton
Penal Code Section 1381.5 does not apply to probationers who have not been sentenced because they are awaiting probation revocation hearing. 		Criminal Law and Procedure May 28, 2003
People v. Navarro
Defendant sentenced to life without possibility of parole under 'drive-by murder' special circumstance statute isn't subject to 'firearm discharge' enhancement. 		Criminal Law and Procedure May 27, 2003
People v. Ceja
Court did not err by taking issue of insanity away from jury. 		Criminal Law and Procedure May 21, 2003
People v. Frazer
Instruction which told jury that employee who isn't immediately handling stolen property may still be found to possess property was proper. 		Criminal Law and Procedure May 21, 2003
People v. Soiu
Court erred by refusing to place defendant in conditional release program without holding evidentiary hearing. 		Criminal Law and Procedure May 21, 2003
People v. Starr
Mentally disordered offender includes individual suffering from pedophilia. 		Criminal Law and Procedure May 21, 2003
People v. Burbine
Defendant who obtains reversal of one criminal count is not entitled to decreased aggregate prison term upon resentencing. 		Criminal Law and Procedure May 21, 2003
People v. Banuelos
Instruction permitting jury to find personal infliction of great bodily injury, where person who actually inflicted injury is unknown, was proper. 		Criminal Law and Procedure May 21, 2003
People v. Alas
Jury's note stating Juror No. 3 could not follow the law did not constitute juror misconduct requiring removal. 		Criminal Law and Procedure May 20, 2003
U.S. v. Reyna-Tapia
District courts may delegate Federal Rules of Criminal Procedure Rule 11 colloquy duties to magistrate judges with defendant's consent. 		Criminal Law and Procedure May 20, 2003
Jenkins v. Johnson
Because state court assessed merit of petitioner's claim before dismissing it as untimely, petition is considered properly filed within meaning of AEDPA. 		Criminal Law and Procedure May 20, 2003
People v. Ranger Insurance Co.
Bail of convicted defendant who failed to appear for sentencing is forfeited. 		Criminal Law and Procedure May 20, 2003
People v. Ranger Insurance Co.
Bail bond must be forfeited if defendant pleads no contest and then fails to appear for sentencing. 		Criminal Law and Procedure May 20, 2003
People v. Ledesma
Police were entitled to conduct cursory sweep of premises for unknown occupants prior to conducting probation search. 		Criminal Law and Procedure May 20, 2003
Price v. Vincent
Judge's comments regarding appropriateness of charge prior to defendant's conviction did not result in double jeopardy. 		Criminal Law and Procedure May 19, 2003
People v. Trotter
Defendant must be retried after court improperly substituted holdout juror with alternate juror. 		Criminal Law and Procedure May 19, 2003
U.S. v. Morales
Court lacked authority to reduce fine of IRS agent convicted of accepting bribes. 		Criminal Law and Procedure May 16, 2003
In re Chavez
Petitioner should be allowed to file late statement of certificate issues when good cause for relief is shown. 		Criminal Law and Procedure May 16, 2003
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