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Name Category Published
Bustos v. Newton
Order
Criminal Law and Procedure Jan. 12, 1998
People v. Aguilar
Although hands and feet aren't deadly weapons, jury wasn't asked to use erroneous standard for guilt.
Criminal Law and Procedure Dec. 12, 1997
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance.
Criminal Law and Procedure Jun. 4, 1997
Lambrix v. Singletary
Prisoner with final conviction before 'Espinosa v. Florida' cannot rely on decision in federal habeas proceeding.
Criminal Law and Procedure May 23, 1997
People v. Sohal
Defendant's prior conviction for assault with deadly weapon constitutes strike under three strikes law.
Criminal Law and Procedure May 2, 1997
People v. Hood
Computer animation video to portray crime is shown properly to jury to illustrate testimony of experts.
Criminal Law and Procedure May 2, 1997
Bradley v. Lacy
District attorney has duty to comply with statutory procedure after grand jury has found an accusation.
Criminal Law and Procedure Apr. 23, 1997
People v. Halgren
Felony stalking statute is not unconstitutionally vague or overbroad.
Criminal Law and Procedure Apr. 2, 1997
People v. Swain
Conviction for driving while ability impaired requires control, but not necessarily movement, of vehicle.
Criminal Law and Procedure Jan. 7, 1997
People v. Luu
Absent prejudice, 2 1/2 year delay between sentencing hearing and imposition of sentence isn't unreasonable.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Ward
Order
Criminal Law and Procedure Jan. 7, 1997
State v. DeCamp
Evidence is properly admitted if found in officer's plain view, its evidentiary value is immediately apparent, and officer is authorized to be there.
Criminal Law and Procedure Jan. 7, 1997
People v. Craig, Jr.
Court may increase sentence for base offense following appeal, if total sentence does not exceed original.
Criminal Law and Procedure Jan. 7, 1997
State v. Thorne
Jury must consist of 8 persons, not 12, for sentences less than 30 years.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Hatatley
Refusal to instruct on offense of involuntary manslaughter is properly within court's discretion.
Criminal Law and Procedure Jan. 7, 1997
Duvall v. Reynolds
Defense counsel's election to not introduce mitigating evidence didn't constitute ineffective assistance of counsel.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Conley
Sentence enhancement is proper where role in causing getaway amounts to reckless endangerment under Guidelines.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Smith
Protective sweep of detached garage prior to arresting defendant in house doesn't violate Fourth Amendment.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Melton
Sentence enhancement for counterfeiting coconspirator based on money printed after his arrest is improper.
Criminal Law and Procedure Jan. 7, 1997
State v. Brun
Lack of reasonable likelihood of prosecutorial vindictiveness after defendant's motion warrants overturning dismissal.
Criminal Law and Procedure Jan. 7, 1997
Schwichtenberg v. State of Arizona
Dependant is entitled to credit for time spent after he was erroneously released from prison.
Criminal Law and Procedure Jan. 7, 1997
Foley v. Spears
Order
Criminal Law and Procedure Jan. 7, 1997
United States v. Orozco-Pena
Order
Criminal Law and Procedure Jan. 7, 1997
Cooks v. Ward
Habeas petition denied where post-arrest statements were voluntary.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Johnson
Order
Criminal Law and Procedure Jan. 7, 1997
People v. Lowe
Notice of alibi may be used to impeach defendant's alibi testimony at trial.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Trujillo
Order
Criminal Law and Procedure Jan. 7, 1997