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Name Category Published
People v. Felgar
Jury instruction containing mandatory presumption of knowledge of insufficient funds violated due process.
Criminal Law and Procedure Jul. 8, 2002
Stewart v. Smith
Prisoner who waived right to assert claim in state habeas petition is barred from seeking federal review.
Criminal Law and Procedure Jul. 8, 2002
State v. Schultz
No-contact order entered at arraignment for domestic violence case remains in effect until sentencing.
Criminal Law and Procedure Jul. 5, 2002
People v. Turner
Court upholds its prior decision imposing mandatory fees and penalties on defendant.
Criminal Law and Procedure Jul. 3, 2002
People v. Claeys
Police did not violate defendant's Fourth Amendment rights by entering neighbor's yard without permission and observing marijuana plants growing in defendant's backyard.
Criminal Law and Procedure Jul. 3, 2002
In re Brown
State law allowing deferral of parole consideration hearings for five years applies to all murder convictions.
Criminal Law and Procedure Jul. 3, 2002
People v. Edwards
Sentence for nonviolent felony under Three Strikes law is not unconstitutional.
Criminal Law and Procedure Jul. 3, 2002
Parrish v. Superior Court (People)
Taking photographs of unaware minor girls at water park is insufficient to show crime of annoying or molesting children.
Criminal Law and Procedure Jul. 3, 2002
Hope v. Pelzer
Prison guards do not enjoy qualified immunity from civil liability for tying prisoner to hitching post.
Criminal Law and Procedure Jul. 3, 2002
People v. McNeil
Defendant cannot be arrested and searched under city ordinance that is pre-empted by state law.
Criminal Law and Procedure Jul. 2, 2002
Greene v. Lambert
Court's exclusion of evidence regarding defendant's 'dissociative identity disorder' violated constitutional right to present compete defense.
Criminal Law and Procedure Jul. 2, 2002
Souch v. Schaivo
There is no ex post facto clause violation when trial court uses absolute discretion to impose either consecutive or concurrent sentences.
Criminal Law and Procedure Jul. 2, 2002
U.S. v. Carranza
Passenger's presence in vehicle carrying commercial quantity of drugs across border is enough to find probable cause for his arrest.
Criminal Law and Procedure Jul. 2, 2002
U.S. v. Battle
Defendant who robbed local convenience store is guilty of violating Hobbs Act.
Criminal Law and Procedure Jul. 2, 2002
U.S. v. Swenson
District court erred in sentencing defendant to 24 months in prison after second violation of supervised release.
Criminal Law and Procedure Jul. 2, 2002
People v. Parker
Juror who worried about punishment of defendant was properly dismissed for misconduct.
Criminal Law and Procedure Jul. 2, 2002
People v. Craney
State may appeal court's order dismissing criminal case for lack of evidence after jury voted to convict.
Criminal Law and Procedure Jul. 2, 2002
People v. Hillhouse
Court upholds death sentence even though conviction is partially reversed.
Criminal Law and Procedure Jul. 2, 2002
Correa v. Superior Court (People)
Witnesses' Spanish-language statements related to police through bystanders acting as translators are admissible.
Criminal Law and Procedure Jul. 2, 2002
Melendez v. Pliler
Prisoner did not default claim that his right to confront witness was violated.
Criminal Law and Procedure Jul. 2, 2002
U.S. v. Murillo
'Ends of justice' continuance did not violate defendant's right to speedy trial.
Criminal Law and Procedure Jul. 2, 2002
Harris v. U.S.
Brandishing firearm is sentencing factor and does not have to be charged in indictment, submitted to jury, and proved beyond reasonable doubt.
Criminal Law and Procedure Jun. 30, 2002
Ring v. Arizona
Sixth Amendment right to jury trial prohibits judge alone from determining aggravating factors necessary to sentence defendant to death.
Criminal Law and Procedure Jun. 30, 2002
U.S. v. Ruiz
'Fast track' plea agreement may require defendant to waive right to receive impeachment evidence.
Criminal Law and Procedure Jun. 30, 2002
Kirk v. Louisiana
Police officers need either warrant or probable cause plus exigent circumstances to lawfully enter home.
Criminal Law and Procedure Jun. 30, 2002
State v. Schaffer
Prosthetic device can be 'dangerous instrument' within meaning of aggravated assault statute.
Criminal Law and Procedure Jun. 28, 2002
State v. Joachim
Magistrate's decision to return seized property does not preclude its admissibility in subsequent prosecution.
Criminal Law and Procedure Jun. 28, 2002
People v. Cooksey
Court is not required to instruct jury on lesser included offense that is not supported by facts in evidence.
Criminal Law and Procedure Jun. 26, 2002
People v. Gaut
Threats made by defendant, while incarcerated, can be unequivocal and immediate as to convey immediate prospect of execution.
Criminal Law and Procedure Jun. 26, 2002
People v. Superior Court (Jimenez)
Order
Criminal Law and Procedure Jun. 25, 2002