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Name Category Published
U.S. v. Morales-Robles
District court's failure to advise defendant of his right to persist in his plea of not guilty didn't affect defendant's substantial rights.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Stanley
Restitution paid by co-defendants only reduced victim's loss, not other defendant's restitution ceiling.
Criminal Law and Procedure Jan. 15, 2003
Padilla v. Terhune
Although admission of custodial confession was hearsay, error was harmless and not violative of confrontation clause.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Garcia-Lopez
Prosecutor may waive right to assert that defendant waived right to litigate appeal.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. McCormac
Trial court properly denied mistrial when defendant had outburst in front of prospective jurors.
Criminal Law and Procedure Jan. 15, 2003
Holgerson v. Knowles
California court's decision to count defendant's out-of-state convictions as strikes didn't deny defendant due process.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Gonzalez-Tamariz
Offense classified as misdemeanor under state law may be considered aggravated felony for federal sentencing purposes.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Ortega-Brito
Failure to provide written notice of conditions of supervised release does not automatically invalidate revocation of release based on violation of conditions.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Hackett
Restitution for property damage caused by fire resulting from drug laboratory is mandatory.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Ochoa
Factual finding in presentence report that defendant distributed additional amounts of cocaine was properly used to calculate sentence.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Seschillie
Excluding expert from courtroom during trial is harmless error where expert had ample opportunity to familiarize self with case.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Sierra-Velasquez
Defendants who detained smuggled aliens until fee was paid are guilty of hostage taking.
Criminal Law and Procedure Jan. 15, 2003
Jorss v. Gomez
Deadline to file federal habeas petition is tolled while prisoner is pursuing post-conviction remedies in state court.
Criminal Law and Procedure Jan. 14, 2003
U.S. v. Leyva-Franco
Court's failure to resolve or to represent as immaterial objection to presentence report was violation of Federal Rules of Criminal Procedure.
Criminal Law and Procedure Jan. 14, 2003
U.S. v. Matus-Leva
Despite absence of separate mens rea requirement, statute increasing penalty for smuggling aliens resulting in death is not void for vagueness.
Criminal Law and Procedure Jan. 14, 2003
U.S. v. Tobeler
'Motor vehicle' under criminal statute includes construction equipment.
Criminal Law and Procedure Jan. 14, 2003
U.S. v. Malley
Application note of sentencing guideline does not authorize downward departure in offense level.
Criminal Law and Procedure Jan. 9, 2003
U.S. v. Gross
District court lacks authority to modify terms of supervised release based on illegality or stipulation of parties.
Criminal Law and Procedure Jan. 9, 2003
John Z., a minor
Defendant committed forcible rape even though victim may have initially consented to intercourse.
Criminal Law and Procedure Jan. 9, 2003
People v. Moore
Denial of 'Murgia' discovery motion is appealable even where defendant has pleaded guilty.
Criminal Law and Procedure Jan. 9, 2003
People v. Linwood
Crime of raping intoxicated person is not unconstitutionally void for vagueness.
Criminal Law and Procedure Jan. 8, 2003
People v. Murillo
Court improperly revoked probation of eligible candidate under Proposition 36.
Criminal Law and Procedure Jan. 7, 2003
People v. Killebrew
Expert witness' testimony about the subjective intent and knowledge of each individual gang member was inadmissible.
Criminal Law and Procedure Jan. 7, 2003
People v. Padilla
Evidence of hallucination is admissible in guilt phase to reduce first-degree murder to second-degree murder.
Criminal Law and Procedure Jan. 7, 2003
People v. Wood
Admission of testimony that defendant refused officer warrantless entry into home was harmless error.
Criminal Law and Procedure Jan. 7, 2003
People v. Hall
Court erred in requiring defendant to perform community service in lieu of paying costs of probation.
Criminal Law and Procedure Jan. 7, 2003
U.S. v. Rebbe
Where defendant voluntarily signed waiver, government may admit proffered statements from plea negotiations during rebuttal.
Criminal Law and Procedure Jan. 7, 2003
People v. Davis
Court erred in ordering incarceration for defendant's first violation of probation under Proposition 36.
Criminal Law and Procedure Jan. 7, 2003
People v. Bowden
Court did not inadequately investigate juror misconduct after anxiety stricken juror was excused.
Criminal Law and Procedure Jan. 6, 2003
People v. Davis
Each failure to register as sex offender within specified time period constitutes separate registration violation.
Criminal Law and Procedure Jan. 6, 2003