| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-10363
|
U.S. v. Simpson
Defendant's prior conviction of attempted sexual abuse of minor is not violent felony and hence defendant is not prohibited firearm possessor. |
Criminal Law and Procedure |
|
Jun. 30, 2006 | |
|
C034960
|
People v. Vo
Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
04-1170
|
Kansas v. Marsh
Kansas law which directs imposition of death penalty when aggravating and mitigating circumstances are in equipoise is constitutional. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
05-83
|
Washington v. Recuenco
Sentencing factors must be proved to jury beyond reasonable doubt, however failure to do so can be harmless error. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
05-352
|
U.S. v. Gonzalez-Lopez
Criminal defendant is entitled to reversal of conviction where trial court erroneously deprived him of choice of counsel. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
02-99007
|
Clark v. Brown
Court's failure to give felony-murder special circumstance jury instruction violated offender's due process right to present defense. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
05-7053
|
Dixon v. U.S.
Conviction for receiving firearm while under indictment is proper where defendant's duress defense does not controvert elements of crime. |
Criminal Law and Procedure |
|
Jun. 28, 2006 | |
|
05-15211
|
Davis v. Grigas
Offender may be entitled to habeas relief where court based decision on erroneous understanding that he stipulated to sentence he received. |
Criminal Law and Procedure |
|
Jun. 27, 2006 | |
|
05-50112
|
U.S. v. Kim
In case of pharmacist convicted of selling cold remedies containing pseudoephedrine, his vagueness challenge against 21 U.S.C. Section 841(c)(2) is rejected. |
Criminal Law and Procedure |
|
Jun. 27, 2006 | |
|
05-30120
|
U.S. v. Zavala
Defendant's sentence is not proper where court erred in giving Sentencing Guidelines calculation exaggerated weight, and error was not harmless. |
Criminal Law and Procedure |
|
Jun. 27, 2006 | |
|
05-10108
|
U.S. v. Chen
'Miranda' warning was required where questioning of suspect arrested for misdemeanor was done to procure testimony against third-party suspected smuggler. |
Criminal Law and Procedure |
|
Jun. 26, 2006 | |
|
04-55840
|
Jensen v. Pliler
Confrontation Clause did not bar admission of hearsay statements by deceased declarant made to his attorney. |
Criminal Law and Procedure |
|
Jun. 26, 2006 | |
|
05-30150
|
U.S. v. Williamson
Suppression of evidence is not required where FBI agent's failure to follow proper procedure was not in bad faith. |
Criminal Law and Procedure |
|
Jun. 26, 2006 | |
|
04-9728
|
Samson v. California
Parolee's conviction for possession of methamphetamine is proper where Fourth Amendment does not prohibit suspicionless search of parolee. |
Criminal Law and Procedure |
|
Jun. 22, 2006 | |
|
05-5224
|
Davis v. Washington
Statements made to 911 operator are not 'testimonial' for purposes of Confrontation Clause. |
Criminal Law and Procedure |
|
Jun. 22, 2006 | |
|
05-6997
|
Youngblood v. West Virginia
Convicted petitioner, who moved to set aside verdict based on new and exculpatory evidence, presented federal constitutional 'Brady' claim |
Criminal Law and Procedure |
|
Jun. 22, 2006 | |
|
05-55164
|
Davis v. Woodford
Where state agreed to treat eight robberies as one conviction, later counting that conviction as eight strikes violates terms of plea agreement. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
S126233
|
People v. Warner
Minor's statement about molestation made to child protective services interviewer is testimonial, but admissible because minor testified about acts revealed in interview. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
B176808
|
People v. Thompson
Warrantless entry into residence to identify suspect for possible citizen's arrest violates Fourth Amendment. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
F041563
|
People v. Corpuz
Defendant's conviction for violating 'stay away' order was not supported by facts. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
03-30262
|
U.S. v. Gourde
Judge who issued search warrant made common-sense decision that there was fair probability that child pornography would be found on defendant's computer. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
03-10439
|
U.S. v. Ogles
Double Jeopardy Clause bars appeal of defendant's acquittal at conclusion of government's case despite court's order resting in part upon legal conclusion. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
05-50299
|
U.S. v. Griffin
Marital communications privilege does not prevent release to prosecution of redacted letters written by inmate to his wife. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
04-10226
|
U.S. v. Aukai
Prospective commercial airline passenger impliedly consented to secondary search at airport by walking through metal detector. |
Criminal Law and Procedure |
|
Jun. 20, 2006 | |
|
S130860
|
People v. Dominguez
Incomplete jury instructions require reversal of defendant's conviction for felony murder. |
Criminal Law and Procedure |
|
Jun. 19, 2006 | |
|
S126550
|
People v. Cottle
Court improperly denied defendant's request to reopen jury selection in order to exercise peremptory challenge. |
Criminal Law and Procedure |
|
Jun. 19, 2006 | |
|
B166344
|
People v. Standish
Dismissal of charges was proper where court failed to grant defendant statutorily-mandated release on his own recognizance. |
Criminal Law and Procedure |
|
Jun. 19, 2006 | |
|
04-8990
|
House v. Bell
Capital defendant's federal habeas action may proceed where he casts doubt on guilt sufficient to satisfy 'actual-innocence' exception. |
Criminal Law and Procedure |
|
Jun. 16, 2006 | |
|
05-8794
|
Hill v. McDonough
Prisoner's constitutional challenge to state lethal injection procedure may proceed as action for relief under 42 U.S.C. Section 1983. |
Criminal Law and Procedure |
|
Jun. 16, 2006 | |
|
04-1360
|
Hudson v. Michigan
Violation of knock-and-announce rule does not require suppression of all evidence found during search. |
Criminal Law and Procedure |
|
Jun. 16, 2006 |