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Criminal Law & Procedure Case Summaries


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2ND CIRCUIT COURT OF APPEALS
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US v. GOMES (04/24/02 - No. 01-1143)
In ordering that involuntary medication be forcibly
administered to a
non-dangerous criminal defendant for the purpose of
rendering him
competent to stand trial, a court must closely monitor
the process to
ensure that the dosage is properly individualized to
the defendant, that
it continues to be medically appropriate, and that it
does not deprive
him of a fair trial or the effective assistance of
counsel.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/2nd/011143.html


US v. MORRIS (04/23/02 - No. 01-6025)
When FBI agents obtained a signed Miranda waiver from
appellant and
interviewed him while he was in the hospital recovering
from gunshot
wounds, such waiver was both voluntary and
intelligently made where the
evidence did not show either intentional or
unintentional government
coercion or misconduct; evidence was properly admitted
where appropriate
steps were taken to limit any resulting prejudice.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/016025.html


SUPREME COURT OF CALIFORNIA
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PEOPLE v. SUPERIOR COURT OF MARI COUNTY (GHILOTTI)
(04/25/02 - No.
S102527)
A petition seeking designation of a person as a
Sexually Violent
Predator cannot be filed unless two
specifically-designated mental
health professionals have agreed that the person has a
"diagnosed mental
disorder" and "is likely to engage in acts of sexual
violence without
appropriate treatment and custody"; standard is met if
person presents a
"substantial" danger, but such a conclusion is
erroneous if an evaluator
cannot say risk of danger is less than 50 percent.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s102527.doc


PEOPLE v. LEVEL (04/24/02 - No. B149442)
Appellant has waived any right to have her prior adult
conviction
treated as a juvenile adjudication where she failed to
assert that right
while the trial court in the action still had
jurisdiction over the
matter; appellant is estopped from challenging court's
jurisdiction to
convict and sentence her as an adult in the prior
action.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?
dest=ca/caapp4th/slip/2002/b149442.html



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Criminal Law & Procedure Case Summaries
Copyright 2002 FindLaw, Inc.