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Name Category Published
U.S. v. Ramirez-Lopez
Government's removal of witnesses before defense counsel could interview them does not indicate bad faith or prejudice to the defendant.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Enslin
Police search of bedroom based on consent of resident with apparent authority was lawful.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Severino
Information which correctly alleged prior conviction but alleged it occurred in wrong state gave defendant sufficient notice under 21 U.S.C. Section 851.
Criminal Law and Procedure Mar. 21, 2003
Harrison v. Lockyer
Prisoner who was limited to five years' worth of police records in discovery proceeding was not denied due process.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Dominguez
Defendant has burden of proving prior conviction used for later sentence was unconstitutional.
Criminal Law and Procedure Mar. 21, 2003
Douglas v. Woodford
Counsel's failure to adequately investigate defendant's social history and mental health was prejudicial during penalty phase.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Thompson
Downward departure in sentencing improperly relied upon 'heartland' conclusion.
Criminal Law and Procedure Mar. 20, 2003
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination.
Criminal Law and Procedure Mar. 20, 2003
U.S. v. Ivester
Questioning of jurors at mid-trial outside presence of spectators did not violate defendant's right to public trial.
Criminal Law and Procedure Mar. 20, 2003
U.S. v. Elliott
Police officers did not intentionally or recklessly omit or make false statements in search warrant affidavit.
Criminal Law and Procedure Mar. 18, 2003
U.S. v. Nostratis
Defendant claiming he did not understand English may not withdraw his guilty plea.
Criminal Law and Procedure Mar. 18, 2003
U.S. v. Gregory
Despite government's negligent delay in bringing superseding indictment, defendant failed to show prejudice attributable to delay.
Criminal Law and Procedure Mar. 18, 2003
People v. Barnum
Trial conducted in prison doesn't establish trial was unfair and court need not advise self-represented defendant of right not to testify.
Criminal Law and Procedure Mar. 17, 2003
Clay v. United States
One-year limitation period under 28 U.S.C. Section 2255 starts when time expires for filing petition for certiorari contesting appellate court's decision.
Criminal Law and Procedure Mar. 11, 2003
Connecticut Dept. of Public Safety v. Doe
Law requiring registration of convicted sexual offenders does not violate procedural due process.
Criminal Law and Procedure Mar. 11, 2003
Ewing v. California
Sentence resulting from Three Strikes Law is not grossly disproportionate and does not violate Eighth Amendment.
Criminal Law and Procedure Mar. 11, 2003
Lockyer v. Andrade
Appellate court did not unreasonably apply clearly established law by affirming defendant's sentence under California's Three Strikes Law for petty theft conviction.
Criminal Law and Procedure Mar. 11, 2003
Smith v. Doe
Because Alaska Sex Offender Registration Act is nonpunitive, its retroactive application does not violate prohibition of ex post facto laws.
Criminal Law and Procedure Mar. 11, 2003
U.S. v. Crawford
Parole search conducted solely to elicit information about prior crime was unconstitutional.
Criminal Law and Procedure Mar. 11, 2003
Scheidler v. National Organization for Women Inc.
Anti-abortion groups did not commit extortion under Hobbs Act.
Criminal Law and Procedure Mar. 10, 2003
Andrade v. California Attorney General
Life sentence for defendant convicted of petty theft with prior convictions for non-violent crimes is unconstitutional.
Criminal Law and Procedure Mar. 9, 2003
People v. Samples
People's appeal seeking reversal of grant of probation is prohibited by Penal Code Section 1238(d).
Criminal Law and Procedure Mar. 6, 2003
U.S. v. Cervantes- Valencia
After entering plea agreement, sentencing court improperly credited defendant for time served in state prison.
Criminal Law and Procedure Mar. 2, 2003
People v. Chambers
Sentence enhancement was proper where trial court impliedly found true use of firearm in commission of crime.
Criminal Law and Procedure Feb. 28, 2003
People v. Galambos
Physician's recommendation is required to assert Proposition 215's immunity defense for possession or cultivation of medicinal marijuana.
Criminal Law and Procedure Feb. 28, 2003
In re Morrall
Governor's decision to reverse parole recommendation for convicted murderer had basis in fact.
Criminal Law and Procedure Feb. 25, 2003
People v. Pierce
In trial where defendant was charged with assault with intent to commit rape, court properly allowed evidence of prior sex offense as propensity evidence.
Criminal Law and Procedure Feb. 24, 2003
People v. Manuel G.
Amendments of Proposition 21 to Welfare and Institutions Code Section 781 preclude sealing of juvenile records.
Criminal Law and Procedure Feb. 24, 2003
People v. Robinson
Defendant must reimburse county for costs incurred in preparation of presentence probation report.
Criminal Law and Procedure Feb. 24, 2003
Miller-El v. Cockrell
Federal court must consider whether state prosecutor excluded jurors in capital murder trial based on race.
Criminal Law and Procedure Feb. 24, 2003