| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-394
|
Bell v. Cone
Court reviewing habeas petition must assume that state supreme court relied on its own precedent in affirming sentence. |
Criminal Law and Procedure |
|
Feb. 10, 2005 | |
|
02-56678
|
Martinez v. Garcia
Structural error occurs when jury instructions combine two theories of guilt, but cannot discern upon which theory conviction rests. |
Criminal Law and Procedure |
|
Feb. 8, 2005 | |
|
03-16877
|
Hubbart v. Knapp
Defendant is not entitled to habeas relief when his commitment under violent predator act does not violate federal due process. |
Criminal Law and Procedure |
|
Feb. 8, 2005 | |
|
F044894
|
Edward G., a Minor
Assault with firearm is lesser included offense of discharging firearm from motor vehicle at another. |
Criminal Law and Procedure |
|
Feb. 8, 2005 | |
|
G033785
|
Myers v. Superior Court (People)
Officer's search of probationer was illegal because officer did not know that probationer was subject to search condition. |
Criminal Law and Procedure |
|
Feb. 8, 2005 | |
|
F042217
|
People v. Cabral
Instruction on late defense discovery prejudiced defendant in forgery case. |
Criminal Law and Procedure |
|
Feb. 7, 2005 | |
|
S119948
|
People v. Ault
Trial court's order granting new trial is viewed more deferentially than denial of new trial. |
Criminal Law and Procedure |
|
Feb. 7, 2005 | |
|
S115998
|
People v. Langston
Prior separate prison term for escape should qualify for one-year enhancement under Penal Code. |
Criminal Law and Procedure |
|
Feb. 7, 2005 | |
|
02-36043
|
Smith v. State of Idaho
Habeas petitioner fails to establish cause to excuse procedural default. |
Criminal Law and Procedure |
|
Feb. 4, 2005 | |
|
03-30089
|
U.S. v. Wilson
Defendant was not entitled to complete immunity for helping dismantle international drug conspiracy. |
Criminal Law and Procedure |
|
Feb. 4, 2005 | |
|
03-10390
|
U.S. v. Blanco
Government improperly suppressed evidence about paid confidential informant during drug trial. |
Criminal Law and Procedure |
|
Feb. 4, 2005 | |
|
A099095
|
People v. Kilday
Admission of statements made by victim who was unwilling to testify was unconstitutional. |
Criminal Law and Procedure |
|
Feb. 3, 2005 | |
|
C043341
|
People v. Martinez
Assault with deadly weapon is not lesser included offense of torture. |
Criminal Law and Procedure |
|
Jan. 20, 2005 | |
|
00-30306
|
U.S. v. Patterson
Court may not grant prosecution's motion to vacate guilty plea and allow jury trial. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
03-10297
|
U.S. v. Wilmore
Defendant's right to confront accuser was violated when trial court limited cross-examination of government witness about grand jury testimony. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
02-16228
|
U.S. v. Howard
Petitioner who accepted plea bargain while under influence of narcotic painkiller is entitled to hearing on claim of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
S115438
|
People v. Barker
Sex offender registration requirement may not be excused by defendant's forgetfulness. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
F041899
|
People v. Johnwell
Modified version of jury instruction that increased defendant's burden of proof was unconstitutional. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
B159949
|
In re Calhoun
Absent an emergency, state hospital must refrain from involuntarily medicating inmates with antipsychotic drugs unless certain conditions exist. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
A105199
|
People v. Johnson
Admission of hearsay lab report at criminal defendant's revocation hearing did not violate his constitutional rights. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
G031791
|
People v. Minor
Trial court properly enhanced felon's sentence based on previous conviction for vehicular manslaughter. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
C045684
|
In re White
Attorney must return client money and pay monetary sanctions to court for filing frivolous habeas petitions. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
C045858
|
People v. Knight
Officers lacked probable cause to arrest defendant found with loaded firearm in unincorporated part of city. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
A101223
|
People v. Pantoja
Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
B165974
|
People v. Rodriguez
Judgments of defendant's previous convictions for robbery and burglary in Texas do not prove beyond reasonable doubt that they are serious felonies. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
C045963
|
People v. Orihuela
Defendant who missed court appearance after being granted drug diversion cannot be convicted of felony failure to appear. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
A104888
|
Conness v. Satram
When two parties separately apply for domestic-violence restraining orders, the second application is not a request for a mutual restraining order. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
D043106
|
People v. Robinson
Defendant's attorney was not ineffective for failing to object to amendment to information. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
B163370
|
People v. Corella
Court erred in excluding exculpatory statements from preliminary hearing that were made by defendant's wife. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
C043228
|
People v. Shaw
Court's decision to impose consecutive terms of imprisonment was not barred by 'Blakely.' |
Criminal Law and Procedure |
|
Jan. 18, 2005 |