| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-10648
|
U.S. v. Romm
Sufficient evidence supports defendant's conviction for possessing and receiving images of child pornography which were deleted from Internet cache. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
05-30236
|
U.S. v. Lence
In case involving attorney's conviction for bank fraud, resentencing by original sentencing judge is necessary. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-10249
|
U.S. v. Napier
District court properly balanced defendant's rights with government's competing interests in determining sealed portions of search warrant affidavit should remain sealed. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-55831
|
Smith v. Mitchell
Evidence did not support conviction of grandmother for death of grandson under prosecution's theory of Shaken Baby Syndrome. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
05-35588
|
LeMere v. Slaughter
District court properly concluded that it should evaluate sufficiency of evidence against defendant based on all evidence presented in case. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
05-15570
|
Alberni v. McDaniel
Denial of petition for writ of habeas corpus is proper where due process right that petitioner asserts has not been clearly established. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
S126233
|
People v. Warner
Defendant is not subject to sentence enhancement where it is not shown that prior crime amounted to serious felony. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
S042223
|
People v. Cook
Numerous claims raised by capital defendant are dismissed due to timeliness or lack of merit. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
S129755
|
People v. Standish
Failure to grant defendant own recognizance (OR) release pending preliminary examination did not deny substantial right where error did not affect hearing's outcome. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
01-99015
|
Williams v. Stewart
Convict's petition for post-conviction relief was properly denied where evidence presented against him was sufficient to support death sentence. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
03-72087
|
Rivas-Gomez v. Gonzales
Conviction under Oregon Revised Statutes, which criminalizes as felony sexual intercourse with person under 16, constitutes aggravated felony under United States Code. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-50613
|
U.S. v. Biggs
District court's application of incorrect legal standard for self-defense requires reversal of defendant's conviction for assault with dangerous weapon. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-10577
|
U.S. v. Piccolo
Escape from halfway house is not crime of violence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-17338
|
Goldyn v. Hayes
Conviction for writing bad checks was improper where accused's bank guaranteed her checks regardless of her account status. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
B180113
|
People v. Sanchez
Under Penal Code Section 22, defense evidence of voluntary intoxication may not be used to negate implied malice. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-50618
|
U.S. v. Bahamonde
Exclusion of government agent's testimony because defendant failed to comply with Dept. of Homeland Security's regulation violated defendant's due process rights. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
S055474
|
People v. Perry
On automatic appeal, capital defendant's challenges to burden of proof and his absence from bench conference were denied. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-50037
|
U.S. v. Huerta-Pimental
Original imposition of supervised release as part of sentence, and court's revocation of supervised release with additional term of imprisonment, were constitutional. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10392
|
U.S. v. Lopez-Torres
Defendant's sentence enhancement is proper where his conviction for shooting at occupied vehicle is categorically crime of violence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10153
|
U.S. v. Romero-Martinez
'Obliterated' means to have 'removed completely' under U.S. Sentencing Guidelines section addressing serial numbers on guns. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10198
|
U.S. v. Miranda-Guerena
In drug trafficking case, traffic stop that precipitated government's search and seizure was supported by reasonable suspicion of traffic violation. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
06-73352
|
Kenna v. District Court for the Central District (United States)
Crime Victims Rights Act does not confer general right for victims to obtain disclosure of pre-sentence report. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
H029487
|
People v. Jordan
Structuring error in sentencing pursuant to plea bargain may be reviewed on appeal if agreement was for maximum sentence, not specified sentence. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-15279
|
Perez v. Rosario
Ineffective assistance of counsel claim fails when plea bargain offer was based on same legal mistake that denied effective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10500
|
U.S. v. Estrada
Finding offender guilty of possessing substance knowing it would be for manufacture did not require proof offender knew pills were pseudoephedrine. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-50082
|
U.S. v. Lyons
In telemarketing fraud case, government did not err in introducing evidence that over 80 percent of donations went to telemarketers. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10200
|
U.S. v. Carty
District court must articulate on record its consideration of sentencing factors of 18 U.S.C. Section 3553(a) and its reasons for imposing sentence. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10088
|
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
B182877
|
People v. Lopez
Priest accused of molesting children did not receive fair trial where prosecutor's statements were based on opinion rather than evidence. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
04-99008
|
Raley v. Ylst
Reversal of death sentence is not required where jury did not consider constitutionally forbidden topics during sentencing. |
Criminal Law and Procedure |
|
Oct. 16, 2006 |