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Name Category Published
People v. Hoard
Incidental movement of victims during commission of robbery does not amount to aggravated kidnapping.
Criminal Law and Procedure Feb. 4, 2003
People v. Roberge
Order
Criminal Law and Procedure Feb. 4, 2003
People v. Jones
Defendant convicted of shooting at dwelling and being felon in possession of firearm may be sentenced for both offenses.
Criminal Law and Procedure Feb. 4, 2003
U.S. v. Franco-Lopez
Defendant must be resentenced after prosecutor breached plea agreement.
Criminal Law and Procedure Feb. 4, 2003
People v. Letteer
Defendant is entitled to be sentenced by judge who accepted his guilty plea.
Criminal Law and Procedure Feb. 4, 2003
People v. Boyette
Defendant's convictions for two counts of first-degree murder and death sentence are affirmed.
Criminal Law and Procedure Feb. 4, 2003
Michael B. v. Superior Court (People)
Grand jury may issue subpoena duces tecum, which does not require affidavit of good cause.
Criminal Law and Procedure Feb. 4, 2003
U.S. v. Bravo-Diaz
District court lacked jurisdiction to vacate conviction for drug smuggling under All Writs Act.
Criminal Law and Procedure Feb. 4, 2003
People v. Cervantes
Search of defendant as condition of probation is illegal if it is arbitrary, capricious or harassing.
Criminal Law and Procedure Feb. 4, 2003
People v. Matute
Defendant's rights weren't violated by victim's failure to give specific details regarding each count of rape for which he was charged.
Criminal Law and Procedure Feb. 4, 2003
People v. Pugh
Buyer who pasted seller's signature on sales agreement is guilty of forgery.
Criminal Law and Procedure Feb. 4, 2003
People v. Napoles
Despite court's failure to give unanimity instruction in joint jury trial, error was harmless.
Criminal Law and Procedure Feb. 4, 2003
Humphrey v. Appellate Division of Superior Court (People)
Search warrant to test defendant's blood for HIV may be based on affidavit comprised of hearsay statements.
Criminal Law and Procedure Feb. 4, 2003
People v. Miceli
Court's refusal to provide jury instruction regarding necessity defense was not prejudicial error.
Criminal Law and Procedure Feb. 4, 2003
People v. Seneca Insurance Co.
If guilty plea entered, court must state reasons for defendant to remain on bail to prevent bail exoneration.
Criminal Law and Procedure Feb. 3, 2003
U.S. v. Recio
Court finds insufficient evidence of guilt of pre-seizure conspiracy where defendants' conduct reveals general guilt of post-seizure pick up of contraband
Criminal Law and Procedure Feb. 2, 2003
People v. Barasa
Defendant was not entitled to receive probation following conviction for transporting controlled substance.
Criminal Law and Procedure Jan. 29, 2003
U.S. v. Recio
Conspiracy does not automatically terminate when objective of conspiracy becomes impossible to achieve.
Criminal Law and Procedure Jan. 28, 2003
People v. Ramirez
Order
Criminal Law and Procedure Jan. 27, 2003
People v. Garcia
Defendant who steals drug and immediately consumes it is eligible for drug treatment under Proposition 36.
Criminal Law and Procedure Jan. 27, 2003
Sattazahn v. Pennsylvania
Defendant's retrial for murder, which resulted from jury's deadlock during sentencing, did not trigger double jeopardy clause.
Criminal Law and Procedure Jan. 22, 2003
U.S. v. Sua
District court may exclude plea agreement offered for purpose of establishing government's belief in person's innocence.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Pitner
Conspiracy conviction is reversed because retrial was not held within time required by Speedy Trial Act.
Criminal Law and Procedure Jan. 15, 2003
Gallegos v. City of Los Angeles
Police lawfully detained motorist for less than one hour based on mistaken belief that he committed burglary.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. McGuire
Wiretapping conducted by FBI during investigation of Montana Freemen was lawful.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Parish
Defendant convicted of possessing child pornography may receive reduced sentence because offense was comparatively minor.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Booth
Sentence must be vacated due to failure to provide defendant with adequate notice of upward departure.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Choy
Money given to private individual that would later enable bribe to public official is insufficient to support conviction.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Walters
Refusal to allow attorney to appear 'pro hac vice' during sentencing was harmless error despite constitutional violation.
Criminal Law and Procedure Jan. 15, 2003
Dyas v. Poole
Murder defendant's shackles, which were observed by jurors during trial, created high degree of prejudice.
Criminal Law and Procedure Jan. 15, 2003