| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B173781
|
People v. Butler
Admission of prior inconsistent statements by witnesses who neither defended nor explained statements did not violate Confrontation Clause. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
B172508
|
People v. Cross
Patient confined to mental institution after committing homicide should be granted outpatient status and placed in skilled nursing facility. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-30285
|
U.S. v. Rodriguez-Preciado
Failure to readminister Miranda warnings on second day of interrogation does not automatically render statements inadmissible. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
00-57130
|
Reyes v. Brown
Facts necessary to evaluate Eighth Amendment claim were not sufficiently developed before district court. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-56618
|
Horton v. Mayle
Defendant is entitled to habeas relief if prosecutor failed to disclose deal between police and star witness. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
04-15053
|
High v. Ignacio
Nevada's statute of limitations for initiating petition for post-conviction relief was properly applied to petitioner. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-10683
|
U.S. v. Cassel
Offense of interfering with federal land sale does not punish protected speech and is constitutional. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
02-50289
|
U.S. v. Arevalo
Appellant who has voluntarily dismissed appeal must move to reinstate within time limits for filing notice of appeal. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
04-30316
|
U.S. v. Wyatt
Defendants who strung ropes above helicopter landing site to obstruct timber harvest are guilty of federal crime. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-30471
|
U.S. v. Quaempts
Defendant who opened front door to police while lying in bed did not waive expectation of privacy. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
02-30326
|
U.S. v. Ameline
Judge who imposed sentence when Sentencing Guidelines were mandatory will be asked whether sentence would change since Guidelines became advisory. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
04-15017
|
Collier v. Bayer
Application of Nevada's time limits to defendant's habeas petition did not preclude federal review of petition. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-35594
|
U.S. v. Sandoval-Lopez
Attorney may be ineffective by not filing requested appeal even if defendant waived right to appeal in plea agreement. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-16833
|
Shannon v. Newland
State supreme court decision handed down after petitioner's conviction did not trigger new one-year statute of limitations for habeas petition. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
04-10240
|
U.S. v. Burt
Defendant convicted of conspiracy to transport illegal aliens was entitled to have jury instructed on public authority defense. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
04-50030
|
U.S. v. Davis
Guilty plea can be withdrawn prior to sentencing when defense counsel grossly mischaracterizes possible sentence. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-16734
|
Huftile v. Miccio-Fonseca
Favorable termination rule applies to civil commitments under California's Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-50129
|
U.S. v. Holler
Government's use of informant to assist in capturing defendant in drug bust did not violate due process. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-10551
|
U. S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-30321
|
U.S. v. Zavala-Mendez
Deported alien who proceeds to border station directly after crossing border cannot be convicted of being found in United States. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
S117568
|
People v. Carson
Trial court can terminate defendant's right to self-representation for out-of-court misconduct. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
F044669
|
People v. Beck
Jury instructions regarding attempted murder and implied malice were reversible error. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
B168586
|
People v. Avitia
Police officer identification of gang graffiti in defendant's room is inadmissible in trial for discharging firearm. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
C046381
|
People v. Dobbins
Trial court's failure to order updated probation report before imposing sentence on defendant who violated probation is harmless error. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
H027086
|
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
D044192
|
People v. Morris
Prosecutor is not required to file recommitment petition for prisoner who received outpatient treatment as mentally disordered offender. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
99-99030
|
Hayes v. Woodford
Counsel's decision not to present background mitigating evidence is reasonable where defendant objected to involving his family and is aware of potential consequences. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
03-15715
|
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
03-35613
|
Gratzer v. Mahoney
Montana jury instruction regarding mitigated deliberate homicide did not violate due process. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
02-55185
|
Riggs v. Fairman
Petitioner who proves ineffective assistance of counsel is not entitled to have pre-error plea offer resurrected. |
Criminal Law and Procedure |
|
Aug. 22, 2005 |