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Name Category Published
U.S. v. French
Career offender enhancement may be imposed where defendant is awaiting sentencing for separate conviction. 		Criminal Law and Procedure Dec. 25, 2002
U.S. v. Hernandez
Denial of suppression motion was proper where detention of express mail package was reasonable. 		Criminal Law and Procedure Dec. 23, 2002
U.S. v. Alaimalo
Defendant's attorney did not render ineffective assistance of counsel by failing to challenge police search that was supported by probable cause. 		Criminal Law and Procedure Dec. 19, 2002
U.S. v. Carrillo-Lopez
Court properly enhanced defendant's sentence based on existence of prior aggravated felony. 		Criminal Law and Procedure Dec. 19, 2002
U.S. v. Reyes
District court may accept or reject plea agreement but cannot modify it. 		Criminal Law and Procedure Dec. 18, 2002
Pirtle v. Morgan
Defendant was denied his Sixth Amendment right to effective assistance of counsel when his attorney failed to request diminished capacity jury instruction. 		Criminal Law and Procedure Dec. 18, 2002
People v. Torres
Defendant's commitment is extended under Sexually Violent Predators Act because trial court's error in refusing to give circumstantial evidence instruction is harmless. 		Criminal Law and Procedure Dec. 16, 2002
U.S. v. Veerapol
Court did not err in applying 'vulnerable victim' sentence enhancement where defendant was convicted of holding Thai national to involuntary servitude. 		Criminal Law and Procedure Dec. 16, 2002
People v. Walker
Defendant who is charged with felony, released on bail and fails to appear can be punished for violation Penal Code Sections 1320.5 and 12022.1. 		Criminal Law and Procedure Dec. 15, 2002
U.S. v. Gonzales
Trial court must resentence defendant based on evidence that drugs may have been intended for personal use rather than distribution. 		Criminal Law and Procedure Dec. 15, 2002
Pavao v. Pagay
Totality of circumstances support jury's finding that police officer had consent to enter home. 		Criminal Law and Procedure Dec. 15, 2002
U.S. v. Carbullido
Double jeopardy violation committed where prosecution addressed issue of insanity which was litigated in prior prosecution. 		Criminal Law and Procedure Dec. 15, 2002
Opinion of Lockyer
Sales promotion that requires purchase for chance to win prize violates lottery laws. 		Criminal Law and Procedure Dec. 11, 2002
Visciotti v. Woodford
Defendant, prejudiced by attorney's deficient performance during penalty phase, is granted habeas relief. 		Criminal Law and Procedure Dec. 10, 2002
People v. Snow
Trial court must choose among alternative laws to enhance sentence of sex offender with prior convictions. 		Criminal Law and Procedure Dec. 5, 2002
People v. Diaz
Court applies three strikes law and punishment enhancement provision in sentencing habitual rapist. 		Criminal Law and Procedure Dec. 5, 2002
In re L.T.
Trash constitutes property under arson statute, Penal Code Section 451. 		Criminal Law and Procedure Dec. 4, 2002
People v. Cochran
Sufficient evidence existed that defendant used duress to commit aggravated sexual assault on child. 		Criminal Law and Procedure Dec. 3, 2002
U.S. v. Neil
Extraterritorial jurisdiction exists where crime was committed on cruise ship in Mexican territorial waters and victim is U.S. citizen. 		Criminal Law and Procedure Nov. 26, 2002
People v. Burris
Sufficient evidence exists that defendant lacked control of his sexually violent behavior. 		Criminal Law and Procedure Nov. 25, 2002
People v. Pressey
Probable cause to believe individual uses drugs does not provide probable cause for warrant to search home. 		Criminal Law and Procedure Nov. 25, 2002
People v. Legion Insurance Co.
Bail bond surety was given proper notice of forfeiture even though notice failed to recite correct bail bond number. 		Criminal Law and Procedure Nov. 25, 2002
Sanchez v. Superior Court (People)
Where felony information charges defendant with only first-degree murder, defendant may not plead guilty to murder in unspecified degree. 		Criminal Law and Procedure Nov. 25, 2002
People v. Hamilton
Good faith exception to exclusionary rule applies when DMV information relied on by police is later found erroneous. 		Criminal Law and Procedure Nov. 25, 2002
Garcetti v. Superior Court (In re Marentez)
Statistical evidence regarding defendant's likelihood of committing sexually violent acts is sufficient to hold over defendant for trial. 		Criminal Law and Procedure Nov. 24, 2002
Williams v. Woodford
Court lacks jurisdiction to consider defendant's motion for relief from judgment under Federal Rules of Civil Procedure 60(b). 		Criminal Law and Procedure Nov. 24, 2002
People v. Clavel
Informal letter to trial court alleging sentencing error does not meet formal motion requirement of Penal Code Section 1237.1. 		Criminal Law and Procedure Nov. 19, 2002
People v. El
Harmless error analysis applies where defendant was unrepresented during prosecutor's opening argument. 		Criminal Law and Procedure Nov. 19, 2002
People v. Torres
Defendant cannot be convicted of both continuous sexual abuse and specific sexual offenses that occurred in same period. 		Criminal Law and Procedure Nov. 19, 2002
Valerio v. Crawford
Penalty phase jury instruction which addressed aggravating circumstance constituted reversible error. 		Criminal Law and Procedure Nov. 19, 2002
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