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Name Category Published
People v. Hardrick
Officer may ask interloper to scene of valid arrest to show hands; refusal to comply raises reasonable suspicion of danger to officer.
Criminal Law and Procedure Sep. 16, 2002
People v. Harlan
Defendant can waive right to conflict-free counsel where court finds that conflict isn't so substantial as to outweigh defendant's interest in retaining counsel of choice.
Criminal Law and Procedure Sep. 16, 2002
State v. Wilson
Defendant who shot unintended victim is guilty of second-degree assault.
Criminal Law and Procedure Sep. 15, 2002
Personal Restraint Petition of Hutchinson
Due process rights of defendant convicted of murdering two law enforcement officers were not violated.
Criminal Law and Procedure Sep. 15, 2002
State v. Nordlund
Affiant's general statements about habits of sex offenders are insufficient to support issuance of search warrant.
Criminal Law and Procedure Sep. 15, 2002
State v. Dhaliwal
Defendant did not waive his Sixth Amendment right to conflict free attorney.
Criminal Law and Procedure Sep. 15, 2002
People v. Spence
Order
Criminal Law and Procedure Sep. 12, 2002
Little v. Kern County Superior Court
Attorney who attempted three times to have judge disqualified is not liable for contempt.
Criminal Law and Procedure Sep. 10, 2002
State v. Neeley
Probable cause existed to arrest defendant for possession of drug paraphernalia.
Criminal Law and Procedure Sep. 9, 2002
Interest of C.C.V.
Person convicted of sex offense as juvenile is not entitled to terminate duty to register as sex offender.
Criminal Law and Procedure Sep. 9, 2002
Gilbert v. Mullin
Supplemental jury instruction, intended to urge jurors to reach unanimous decision, is not coercive.
Criminal Law and Procedure Sep. 9, 2002
U.S. v. Magallanes
District court should not have decided merits of issue not covered by certificate of appealability issued by appellate court.
Criminal Law and Procedure Sep. 9, 2002
Ellis v. Hargett
Defendant who failed to request jury instruction or raise due process claim on direct appeal is denied habeas relief.
Criminal Law and Procedure Sep. 9, 2002
Chapman v. LeMaster
Because state would not apply 'Ortega' rule retroactively to prisoner's felony murder conviction, his conviction does not violate federal due process standards.
Criminal Law and Procedure Sep. 9, 2002
Duckett v. Mullin
Prosecutor's comments during voir dire did not constitute prejudicial misconduct in violation of due process.
Criminal Law and Procedure Sep. 9, 2002
State v. Eaker
Conviction for child rape is reversed because of impermissible jury instruction commenting on the evidence.
Criminal Law and Procedure Sep. 9, 2002
People v. Diaz
Police violated Fourth Amendment by obtaining blood and hair samples through warrantless search without court order.
Criminal Law and Procedure Sep. 9, 2002
Bell v. State of Washington
Plaintiff alleging negligent parole supervision must prove the inadequate supervision proximately caused injuries.
Criminal Law and Procedure Sep. 9, 2002
People v. Stewart
Reasonable distinctions between second degree and vehicular assault statutes do not violate equal protection.
Criminal Law and Procedure Sep. 9, 2002
U.S. v. Gamez
Murder cross-reference applies to sentencing for drug offense even though defendant was acquitted of murder.
Criminal Law and Procedure Sep. 8, 2002
Campbell v. Rice
Defendant was denied due process by exclusion from hearing to determine whether his attorney had conflict of interest.
Criminal Law and Procedure Sep. 8, 2002
People v. Orozco
Juror may be challenged for cause for inability to understand English language.
Criminal Law and Procedure Sep. 4, 2002
People v. Al-Yousif
Saudi Arabian defendant understood 'Miranda' warning.
Criminal Law and Procedure Sep. 4, 2002
Pollard v. Galaza
Voluntary statement obtained in violation of defendant's Miranda rights may be admitted at trial to impeach defendant.
Criminal Law and Procedure Sep. 3, 2002
Osband v. Woodford
Protective order limiting state's use of materials discovered is not clear error.
Criminal Law and Procedure Sep. 3, 2002
U.S. v. Davis
Domestic violence call was not exigent circumstance sufficient to justify warrantless search.
Criminal Law and Procedure Sep. 3, 2002
U.S. v. Torres-Palma
Sentence imposed through video conference violates requirement that defendant be physically present at sentencing.
Criminal Law and Procedure Sep. 3, 2002
U.S. v. Weaver
Crime of equity skimming merely requires proof of transfer of title, not that real estate was purchased for adequate consideration.
Criminal Law and Procedure Sep. 3, 2002
People v. Trujillo
Defendant's voluntary, unwarned statements cannot be used to rebut defense theory or to impeach witness other than defendant.
Criminal Law and Procedure Sep. 3, 2002
Franklin v. Johnson
Absent a showing of prejudice, Counsel's deficient representation will not warrant habeas relief.
Criminal Law and Procedure Sep. 3, 2002