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Name Category Published
Ortiz-Sandoval v. Clarke
Denial of ineffective assistance of counsel claim was not contrary to or unreasonable application of clearly established federal law.
Criminal Law and Procedure Apr. 1, 2003
Woodford v. Garceau
For purposes of AEDPA, action is not considered 'pending' until application for habeas relief is filed in federal court.
Criminal Law and Procedure Apr. 1, 2003
Smith v. Ratelle
Equitable tolling is available to pro se litigant where court erroneously dismissed timely filed petition.
Criminal Law and Procedure Apr. 1, 2003
U.S. v. Chavaria-Angel
District court may rely on uncertified court records to establish nature of defendant's prior offenses.
Criminal Law and Procedure Apr. 1, 2003
People v. Goldberg
Defendant convicted of driving under influence of controlled substance is ineligible for drug treatment under Proposition 36.
Criminal Law and Procedure Apr. 1, 2003
People v. Hayes
Recklessly setting fire does not qualify as crime of force or violence under mentally disordered offender statutes.
Criminal Law and Procedure Apr. 1, 2003
Pederson v. Superior Court (People)
Penal Code Section 1367.1 deprives misdemeanor defendants, suspected of being incompetent to stand trial, of equal protection and is unconstitutional.
Criminal Law and Procedure Mar. 31, 2003
In re Mehdizadeh
Defendant should not have been incarcerated for first-time violation of drug-related condition of probation under Proposition 36.
Criminal Law and Procedure Mar. 31, 2003
People v. Valtakis
Defendant who failed to object at trial to probation fee procedures waived claim on appeal.
Criminal Law and Procedure Mar. 31, 2003
People v. Ormiston
For purposes of imposing sentencing enhancement, drug diversion does not constitute release on one's own recognizance while awaiting trial.
Criminal Law and Procedure Mar. 28, 2003
People v. Estrada
Court was required to determine whether defendant cast some reasonable doubt on veracity of statements made by confidential informant.
Criminal Law and Procedure Mar. 28, 2003
People v. Sizemore
Court did not abuse discretion in admitting evidence of prior acts of domestic violence and uncharged offense of solicitation to commit murder.
Criminal Law and Procedure Mar. 27, 2003
U.S. v. Rogers
Defendant's participation in Ponzi scheme was sufficient to support multiple convictions for mail fraud.
Criminal Law and Procedure Mar. 26, 2003
Chein v. Shumsky
Challenge to judge's testimony in perjury trial was procedurally defaulted due to failure to raise issue at time of trial.
Criminal Law and Procedure Mar. 26, 2003
U.S. v. Franklin
Sentencing enhancement for reckless endangerment during flight was improperly imposed upon co-conspirator who was not present during flight.
Criminal Law and Procedure Mar. 26, 2003
Morgan v. United States
Person seeking to enter military base may have given implied consent to warrantless search.
Criminal Law and Procedure Mar. 26, 2003
U.S. v. Fry
Defense attorney's failure to inform of deportation consequences does not establish ineffective assistance of counsel.
Criminal Law and Procedure Mar. 26, 2003
People v. Narvaez
Evidence that defendants were in possession of jewelry stolen during commission of crime is sufficient to corrogorate accomplice's testimony.
Criminal Law and Procedure Mar. 26, 2003
People v. Garza
Consecutive terms imposed for multiple counts of sexual assault was proper.
Criminal Law and Procedure Mar. 26, 2003
In re Cruz
Factual findings in habeas corpus proceeding have no collateral estoppel effect in subsequent retrial.
Criminal Law and Procedure Mar. 26, 2003
Clark v. Murphy
Because accused's request for counsel was so ambiguous, officers were not required to cease questioning.
Criminal Law and Procedure Mar. 24, 2003
U.S. v. Soberanes
Prior conviction for attempted possession of eight pounds of marijuana is aggravated felony for purposes of enhancement.
Criminal Law and Procedure Mar. 23, 2003
U.S. v. Hosoi
Sentence which was less than mandatory minimum improperly relied upon ruling which was scheduled for en banc hearing.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. San Juan-Cruz
Administrative Rights and 'Miranda' warnings were invalid because they provided defendant with different and conflicting sets of warnings.
Criminal Law and Procedure Mar. 21, 2003
Sandgathe v. Maass
Claims of ineffective assistance of counsel, premised on defendant's alleged mental incompetence, were properly rejected.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Dahl
Violator of Recreational Fee Demonstration Program cannot be convicted of Class B misdemeanor.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Rosacker
Sentence for drug offense that was based on unreliable police laboratory report must be recalculated.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Thiele
Claim for relief from restitution order may not be brought in 28 U.S.C. Section 2255 motion.
Criminal Law and Procedure Mar. 21, 2003
Bradley v. Duncan
Trial court's refusal to instruct jury on defense of entrapment violated defendant's due process rights.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Hernandez
Border agents had probable cause to arrest passenger in rear seat of vehicle containing drugs.
Criminal Law and Procedure Mar. 21, 2003