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State v. Huffmeyer
Under speedy trial calculation, exclusion of time for trial on another charge doesn't include period between guilty plea and sentencing.
Criminal Law and Procedure Nov. 1, 2001
State v. Schroeder
Warrantless search of apartment for identification of occupant who committed suicide was unconstitutional.
Criminal Law and Procedure Nov. 1, 2001
State v. Parmelee
Defendant was improperly sentenced under felony stalking statute when each of five offenses received separate sentence.
Criminal Law and Procedure Nov. 1, 2001
State v. Erickson
No Sixth Amendment right to counsel where defendant initiated non-coerced, custodial statements.
Criminal Law and Procedure Nov. 1, 2001
State v. C.J.
Child's hearsay statements regarding his molestation are inadmissible because court did not determine if he was competent when he made the statements.
Criminal Law and Procedure Nov. 1, 2001
In re Marler
Parole board improperly ordered Mutual Agreement Program with no time frame; accrual of good time before and during program must be clarified.
Criminal Law and Procedure Nov. 1, 2001
State v. Mendoza-Solorio
Prosecutor cannot supplement record after trial to correct error in charging document.
Criminal Law and Procedure Nov. 1, 2001
State v. Nelson
Trial court improperly admitted defendant's testimony that stemmed from failed plea agreement.
Criminal Law and Procedure Nov. 1, 2001
State v. Halsten
Conviction of defendant who possessed drug found in cold tables reversed.
Criminal Law and Procedure Nov. 1, 2001
State v. Garcia Bail Bonds
Court errs in finding that defendant's incarceration in Colorado wasn't reasonable cause for his non-appearance in Arizona.
Criminal Law and Procedure Nov. 1, 2001
State v. Carrasco
Misrepresentation made to third party for purposes of delaying evidence qualifies as obstruction of justice.
Criminal Law and Procedure Nov. 1, 2001
State v. Nichols
Trial judge exceeded authority in finding drug enhancement statute unconstitutional.
Criminal Law and Procedure Nov. 1, 2001
State v. Flores
Admitting suspect's 'confession' of public information did not violate 'Miranda.'
Criminal Law and Procedure Nov. 1, 2001
U.S. v. Lemay
Introduction of prior acts of child molestation was not so prejudicial as to outweigh probative value.
Criminal Law and Procedure Oct. 30, 2001
U.S. v. Hayden
Federal jurisdiction exists for case of embezzlement and theft of McDonald's restaurant located on U.S. Naval Base.
Criminal Law and Procedure Oct. 30, 2001
Herbst v. Cook
Federal habeas petitioner is entitled to adequate notice and opportunity to respond prior to court's sua sponte dismissal of petition as untimely.
Criminal Law and Procedure Oct. 30, 2001
Price v. Turner
When 'Wiretap Act' provides no protection for plaintiff's cordless calls at time defendant intercepted them, court properly grants summary judgment for defendants.
Criminal Law and Procedure Oct. 30, 2001
Henderson v. Scott
Amended statute changing dates of parole consideration did not violate ex post facto clause.
Criminal Law and Procedure Oct. 30, 2001
U.S. v. Coutchavlis
Sufficient evidence supports disorderly conduct conviction when defendant's actions on public highway recklessly created 'risk of public alarm,' as required by regulation.
Criminal Law and Procedure Oct. 30, 2001
U.S. v. Eaton
Court affirms conviction and sentence enhancements for possession of unregistered explosive devices.
Criminal Law and Procedure Oct. 30, 2001
U.S. v. Hitchcock
No violation of Posse Comitatus Act where 'legitimate military concerns' justify military's involvement in civilian criminal investigation.
Criminal Law and Procedure Oct. 30, 2001
Fisher v. Roe
Absence of defendants and attorneys during readback of critical testimony in murder trial presents triable issue of due process violation.
Criminal Law and Procedure Oct. 30, 2001
Dils v. Small
Court lacks jurisdiction to consider habeas petition filed after one-year deadline.
Criminal Law and Procedure Oct. 29, 2001
U.S. v. Barragan
Sufficient evidence supported conviction for drug distribution conspiracy and money laundering.
Criminal Law and Procedure Oct. 29, 2001
Gunn v. Ignacio
Prosecutor's breach of plea agreement entitles defendant to new sentencing hearing.
Criminal Law and Procedure Oct. 29, 2001
U.S. v. Elias
With the exception of payment of restitution, defendant's conviction and sentence for Resource Conservation and Recovery Act is upheld.
Criminal Law and Procedure Oct. 28, 2001
U.S. v. Velarde-Gomez
District court erred in admitting government's evidence of defendant's lack of physical or emotional reaction, which was tantamount to evidence of silence.
Criminal Law and Procedure Oct. 28, 2001
State v. Thompson
Statute that defines "pre-meditation" for first-degree murder is unconstitutionally vague.
Criminal Law and Procedure Oct. 25, 2001
People v. Simon
Failure to object to venue at preliminary hearing is a waiver because it's a factual issue for a magistrate.
Criminal Law and Procedure Oct. 24, 2001
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective.
Criminal Law and Procedure Oct. 24, 2001