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Name Category Published
People v. Ambos
Claims not included in initial postconviction motion are precluded by statute of limitations. 		Criminal Law and Procedure Sep. 22, 2002
U.S. v. Tucker
Search of parolee's home and computer based on tip from citizen-informant is reasonable under Fourth Amendment. 		Criminal Law and Procedure Sep. 22, 2002
People v. Triantos
Officer may arrest offender who commits petty offense in his presence and then release at his discretion. 		Criminal Law and Procedure Sep. 22, 2002
People v. Ranger Insurance Co.
Trial court prematurely entered summary judgment against bail bond surety before extended 180-day period expired. 		Criminal Law and Procedure Sep. 19, 2002
People v. Barber
Defendant must be retried because court conducted inadequate inquiry regarding possible juror misconduct. 		Criminal Law and Procedure Sep. 19, 2002
People v. Totari
Defendant may appeal denial of motion to vacate guilty plea when he was not advised of immigration consequences 13 years after imposition of judgment. 		Criminal Law and Procedure Sep. 18, 2002
Smith v. Santa Rosa Police Dept.
Lack of knowledge qualifies as mitigating circumstance where owner was unaware of driver's suspended license before loaning vehicle. 		Criminal Law and Procedure Sep. 17, 2002
People v. Herman
Soliciting minors to engage in lewd conduct does not constitute violation of criminal solicitation statute. 		Criminal Law and Procedure Sep. 17, 2002
US v. Reyna-Tapia
Delegation of Rule II plea colloquy to magistrate judge with defendants' consent is permissible under Federal Magistrates Act. 		Criminal Law and Procedure Sep. 17, 2002
Benny v. U.S. Parole Commission
Defendant who serves five years of parole without early termination hearing is not entitled to automatic termination. 		Criminal Law and Procedure Sep. 17, 2002
Reed v. Hannigan
Writ of habeas corpus by defendant who voluntarily pleaded guilty to indecent liberties with stepdaughter was properly denied. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Bravo
Border agents had reasonable suspicion to use hammer to open toolbox in bed of truck. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Yanez-Saucedo
Third-degree rape conviction constitutes aggravated felony sentencing enhancement under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Perez-Corona
Prior conviction for possession of stolen vehicle is not an aggravated felony and defendant is not subject to sentencing enhancement. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Zaragoza
When customs inspector briefly handcuffs individual during border detention, individual is not under arrest nor unreasonably detained for Fourth Amendment purposes. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Goldberg
District court abused its discretion by failing to base degree of departure determination on reasonable methodology hitched to U.S. Sentencing Guidelines. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Avery
Affidavit omitting confidential informant's lengthy criminal history that demonstrates informants reliability establishes probable cause. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Orellana-Blanco
Evidence that alien entered into sham marriage to evade immigration laws was improperly introduced at trial. 		Criminal Law and Procedure Sep. 17, 2002
U.S. v. Concha
Court was authorized to consider prior foreign convictions to impose upward departure in sentence. 		Criminal Law and Procedure Sep. 17, 2002
Gometz v. U.S. Parole Commission
Parole Commission's Category 8 rating and imposition of minimum of 430 months sentence instead of 402 months is proper. 		Criminal Law and Procedure Sep. 17, 2002
People v. Superior Court (Turner)
Eligibility for probation for drug possession conviction requires five years of freedom from incarceration immediately preceding drug offense. 		Criminal Law and Procedure Sep. 17, 2002
State v. Read
Admission of opinion testimony to determine reasonableness of defendant's self-defense claim was not reversible error. 		Criminal Law and Procedure Sep. 17, 2002
State v. Wiggins
Conviction for unlawful possession of explosives requires showing that defendant possessed all components necessary to assemble explosive device. 		Criminal Law and Procedure Sep. 17, 2002
State v. King
Robbery and kidnapping convictions are reversed due to prejudicial jury instruction that permitted conviction based on foreseeable actions of co-conspirators. 		Criminal Law and Procedure Sep. 17, 2002
Ellis v. U.S. District Court (U.S.) (In re Ellis)
District court may reject charge bargain in proposed plea agreement when court deems it inadequate to reflect seriousness of crime. 		Criminal Law and Procedure Sep. 16, 2002
US v. Jolibois
Where probation violation constitutes more than one offense, court may impose the most serious penalty available. 		Criminal Law and Procedure Sep. 16, 2002
People v. Stanley
Criminal defendant's waiver of right to counsel is invalid where trial court fails to give adequate advisement. 		Criminal Law and Procedure Sep. 16, 2002
People v. Rogers
Evidence of gunshot residue on clothing of defendant admissible where police has probable cause to make arrest. 		Criminal Law and Procedure Sep. 16, 2002
People v. Bradbury
Sentence in aggravated range is appropriate where defendant was on bond for a previous felony. 		Criminal Law and Procedure Sep. 16, 2002
People v. Howell
Record supported finding of trial court that defendant violated conditions of probation. 		Criminal Law and Procedure Sep. 16, 2002
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