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Name Category Published
People v. Hurtado
Before defendant can be committed under Sexually Violent Predators Act, defendant must be likely to commit future predatory acts. 		Criminal Law and Procedure Oct. 1, 2002
People v. Mar
Requiring defendant to wear stun belt while testifying on own behalf constituted prejudicial error. 		Criminal Law and Procedure Oct. 1, 2002
Ryan D., a Minor
Juvenile's painting in which he is depicted shooting police officer in head doesn't constitute criminal threat. 		Criminal Law and Procedure Sep. 30, 2002
Liang v. Superior Court (People)
Court may vacate defendant's conditional plea requiring codefendants to plead guilty to receive lenient sentence when other codefendants withdrew their pleas. 		Criminal Law and Procedure Sep. 30, 2002
People v. Scott
Petition extending defendant's commitment as sexually violent predator does not require testimony of more than one expert witness. 		Criminal Law and Procedure Sep. 30, 2002
U.S. v. Almaraz
Predicate acts underlying continuing criminal enterprise are not limited to acts for which jury returned guilty verdicts. 		Criminal Law and Procedure Sep. 29, 2002
People v. Moses
Preponderance of the evidence standard is applicable to hearing for violation of probation condition. 		Criminal Law and Procedure Sep. 29, 2002
People v. Rivera
Sentence in aggravated range is appropriate where trial court considered circumstances for sentence enhancement. 		Criminal Law and Procedure Sep. 29, 2002
Woolsey v. Colorado Department of Corrections
Independent investigation of prison disciplinary charges must be done with two days of notice of charges. 		Criminal Law and Procedure Sep. 29, 2002
People v. Auman
Felony murder conviction is appropriate where defendant is in custody prior to murder. 		Criminal Law and Procedure Sep. 29, 2002
People v. Campbell
New trial is required where defendant is denied his right to counsel. 		Criminal Law and Procedure Sep. 29, 2002
People v. Benavidez
Maximum term of probation may not exceed term of incarceration authorized for offense. 		Criminal Law and Procedure Sep. 27, 2002
U.S. v. Johnson
Managers' and telemarketers' involved in conspiracy and mail fraud scheme defenses were not mutually antagonistic and did not warrant severance. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Todhunter
Suppression motion was properly denied when sailboat was lawfully boarded by officers and owner voluntarily consented to search of vessel. 		Criminal Law and Procedure Sep. 26, 2002
Hill v. State
Initial habeas petition challenging calculation of prisoner's release date does not qualify as 'second or successive' petition. 		Criminal Law and Procedure Sep. 26, 2002
Avila v. Galaza
Counsel's failure to investigate and introduce evidence that defendant's brother was the shooter constitutes ineffective assistance of counsel. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Hinostroza
Uncharged allegedly false statements were admissible to show defendant intended to unlawfully possess firearms. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Wiseman
Retroactive application of newly announced interpretation of federal statute is not barred on collateral review. 		Criminal Law and Procedure Sep. 26, 2002
Hill v. Roe
State has burden of showing state procedural rule has been regularly and consistently applied in habeas action. 		Criminal Law and Procedure Sep. 26, 2002
Avila v. Roe
District court must determine whether defendant made request for self-representation to delay trial. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Lott
Court's 'Apprendi' errors did not affect substantial rights of defendants. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Kim
Indictments of licensed pharmacists for illegal distribution of pseudoephedrine sufficiently set forth elements of crime. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Steele
District court did not abuse its discretion when it gave 'Allen' charge because it was neither premature or coercive. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Reano
Because government and district court failed to follow procedural requirements of Mandatory Victims' Restitution Act, restitution order is vacated. 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Toles
Incriminating statements given in courthouse restroom before defendants' arraignment were voluntary under Fifth Amendment. 		Criminal Law and Procedure Sep. 26, 2002
People v. Maxwell
Order 		Criminal Law and Procedure Sep. 26, 2002
U.S. v. Marshall
Court did not commit plain error in giving instruction concerning proof that firearm was knowingly possessed. 		Criminal Law and Procedure Sep. 25, 2002
U.S. v. Liero
Because supervised release is not separate part or addition to sentence for original offense, sentence is constitutional under 'Apprendi v. New Jersey.' 		Criminal Law and Procedure Sep. 25, 2002
U.S. v. Gastelum-Almeida
Defendant with no mental disorder who is angry at charges filed against him and potential sentence he faces is competent to stand trial. 		Criminal Law and Procedure Sep. 25, 2002
U.S. v. Pena-Sarabia
Defendant convicted of drug offense may be eligible for sentencing 'safety valve' even though spouse possessed firearm. 		Criminal Law and Procedure Sep. 25, 2002
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