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Name Category Published
Hamm v. Saffle
Petitioner who did not timely seek review of his removal from halfway house is barred from seeking federal habeas review. 		Criminal Law and Procedure Oct. 16, 2002
U.S. v. Neff
Use of handcuffs during investigative stop is appropriate and reasonable when officers receive reliable report that defendant is armed with dangerous weapon. 		Criminal Law and Procedure Oct. 16, 2002
U.S. v. Jimenez
District court erred by enhancing defendant's sentence pursuant to sentencing guidelines for use of minor to commit crime and for obstruction of justice. 		Criminal Law and Procedure Oct. 15, 2002
Kelly v. Small
Where petitioner files 'mixed' federal habeas petition of both exhausted and unexhausted state claims, petition is dismissed without prejudice. 		Criminal Law and Procedure Oct. 15, 2002
U.S. v. Belgarde
State Dept. of Family Services is not 'person' under Major Crimes Act and burglary indictment is properly dismissed. 		Criminal Law and Procedure Oct. 15, 2002
U.S. v. Alarcon-Simi
Defendant's post-arrest statement is not admissible as excited utterance because it did not relate to incidents occurring at time of arrest. 		Criminal Law and Procedure Oct. 15, 2002
People v. Hall
Trial court has authority to order defendant, who spat on prosecutor and investigator, to submit to testing for AIDS and other communicable diseases. 		Criminal Law and Procedure Oct. 13, 2002
Bennett v. Mueller
State has the burden to prove adequacy of state procedural bar to federal habeas review. 		Criminal Law and Procedure Oct. 10, 2002
Foster v. Booher
For purpose of habeas review, prisoner is 'in custody' when serving a series of consecutive sentences. 		Criminal Law and Procedure Oct. 10, 2002
Majoy v. Roe
Conviction where key witness admits to lying about defendant's involvement in crime may override defendants untimely petition for federal habeas review. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Lee
Defendant who unlawfully copied computer Website did not deserve sentence enhancement for possessing special computer skills. 		Criminal Law and Procedure Oct. 10, 2002
Johnson v. Atherton
Petition for writ of habeas corpus is properly denied when ineffective assistance of counsel claim does not implicate voluntariness of plea. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Jimenez-Dominguez
District court did not commit plain error by failing to inquire whether guilty plea was result of discussions with prosecutor. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Huggins
Because government conducted thermal imaging search in good faith reliance on facially valid warrant, Fourth Amendment does not compel suppression of images. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Valensia
Despite multiple errors by government and court, defendant's sentence is affirmed based on overwhelming and uncontroverted evidence. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Geston
Conviction is reversed because prosecutor improperly asked witness to comment on truthfulness of other witnesses. 		Criminal Law and Procedure Oct. 10, 2002
Sternberg v. Secretary, Dept. of Health and Human Services
Sentencing agreement does not obligate government to exclude defendant's participation in Medicare program for period no longer than his incarceration. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Diaz-Suarez
Based on totality of circumstances, investigatory stop was warranted by reasonable suspicion defendant was involved in criminal activity. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Marcucci
Grand jury charge that does not directly state the jury may refuse to indict if probable cause exists is constitutional. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Adamson
District court violated defendant's constitutional right of confrontation by prohibiting him from attacking his brother's credibility. 		Criminal Law and Procedure Oct. 10, 2002
Pagtalunan v. Galaza
District court did not abuse its discretion in dismissing habeas petition for failure to prosecute and comply with court order. 		Criminal Law and Procedure Oct. 10, 2002
Hawkins v. Mullin
Court's interpretation that first-degree felony murder statute included kidnapping for extortion as underlying felony is foreseeable. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Sparks
Probable cause existed for search warrant for defendant's home because defendant's arrest was valid and residence was located near scene of crime. 		Criminal Law and Procedure Oct. 10, 2002
U.S. v. Jose-Gonzalez
Court reasonably departed upward from guidelines to account for multiple deaths and injuries resulting from defendant's conduct of transporting unlawful aliens. 		Criminal Law and Procedure Oct. 10, 2002
Willingham v. Mullin
Denial of habeas petition is proper where manslaughter instruction was given without second-degree murder instruction. 		Criminal Law and Procedure Oct. 9, 2002
U.S. v. Mendez-Zamora
Expert testimony regarding roles in drug conspiracies did not attempt to take ultimate issue of guilt away from jury. 		Criminal Law and Procedure Oct. 9, 2002
Saiz v. Burnett
Federal court failed to analyze state court's decision to exclude testimony for objective reasonableness. 		Criminal Law and Procedure Oct. 9, 2002
U.S. v. Erwin
Prohibition of commercial fishing is improper condition for supervised release for felon in possession of ammunition. 		Criminal Law and Procedure Oct. 9, 2002
U.S. v. Beckman
Improper cross-examination of defendant regarding prior arrest and conviction constituted harmless error. 		Criminal Law and Procedure Oct. 8, 2002
People v. Gurule
Substantial evidence supports that defendant was given 'Miranda' warnings despite lack of recording. 		Criminal Law and Procedure Oct. 8, 2002
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