| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-167
|
U.S. v. Dominguez Benitez
Defendant must show reasonable probability that he would have pleaded not guilty but for Federal Rule of Criminal Procedure 11 violation. |
Criminal Law and Procedure |
|
Jun. 21, 2004 | |
|
02-1684
|
Yarborough v. Alvarado
Defendant was not in custody for Miranda purposes during police questioning. |
Criminal Law and Procedure |
|
Jun. 7, 2004 | |
|
03-5165
|
Thornton v. U.S.
After lawful custodial arrest, officer may search vehicle's passenger compartment even after arrestee has exited vehicle. |
Criminal Law and Procedure |
|
Jun. 1, 2004 | |
|
03-10284
|
U.S. v. Solorzano-Rivera
Speedy trial clock was tolled while court was considering defendant's plea agreement. |
Criminal Law and Procedure |
|
Jun. 1, 2004 | |
|
03-6821
|
Nelson v. Campbell
Prisoner challenging 'cut down' method of lethal injection may bring civil rights claim. |
Criminal Law and Procedure |
|
Jun. 1, 2004 | |
|
D038550
|
People v. Casper
Court is not required to impose consecutive sentences for offenses that fall outside of 'Three Strikes' sentencing scheme. |
Criminal Law and Procedure |
|
Jun. 1, 2004 | |
|
00-56770
|
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination. |
Criminal Law and Procedure |
|
May 31, 2004 | |
|
03-15715
|
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief. |
Criminal Law and Procedure |
|
May 31, 2004 | |
|
C039187
|
People v. Canty
Defendant is ineligible for drug treatment under Proposition 36 because driving under influence of drugs is not 'simple possession or use of drugs.' |
Criminal Law and Procedure |
|
May 26, 2004 | |
|
03-44
|
Sabri v. U.S.
Federal law against bribery of state or local entities that receive federal funds is lawful. |
Criminal Law and Procedure |
|
May 25, 2004 | |
|
00-15134
|
U.S. v. Battles
District court must develop record to determine if defense counsel's withholding of trial transcripts justifies equitable tolling of limitations period for filing habeas petition. |
Criminal Law and Procedure |
|
May 24, 2004 | |
|
03-10032
|
U.S. v. Pang
Invoices indicating that defendant was evading taxes were properly authenticated and admitted at trial. |
Criminal Law and Procedure |
|
May 24, 2004 | |
|
C041318
|
People v. Woodward
In trial for possession of child pornography, court's amplifying instruction on affirmative defense was erroneous. |
Criminal Law and Procedure |
|
May 21, 2004 | |
|
A095433
|
People v. Ary
Trial court's failure to order competency hearing deprived defendant of his constitutional right to fair trial. |
Criminal Law and Procedure |
|
May 21, 2004 | |
|
A093574
|
People v. DeLouize
Trial court has discretion to reconsider its order granting new trial motion in order to correct an error of law. |
Criminal Law and Procedure |
|
May 21, 2004 | |
|
D039114
|
People v. Weaver
Defendant should be permitted to withdraw guilty plea due to court's excessive involvement in plea negotiation process. |
Criminal Law and Procedure |
|
May 19, 2004 | |
|
S114551
|
In re Steele
Under Penal Code Section 1054.9, petitioner is now entitled to discovery of materials not provided at trial. |
Criminal Law and Procedure |
|
May 19, 2004 | |
|
01-10666
|
U.S. v. Lewis
Trial that commenced over two years after defendant's initial arraignment was in violation of Speedy Trial Act. |
Criminal Law and Procedure |
|
May 19, 2004 | |
|
02-15635
|
The Company v. U.S.
Private parties are not obligated to assist the FBI in intercepting communications when interference would hinder services provided. |
Criminal Law and Procedure |
|
May 19, 2004 | |
|
01-36033
|
Johnson v. Reilly
Parole commission wasn't required to hold revocation hearing based on parole violator warrant which subsequently had supplemental charges added to it. |
Criminal Law and Procedure |
|
May 19, 2004 | |
|
01-10686
|
U.S. v. Alvarez
Drug conviction is vacated to determine whether information was improperly withheld from defense. |
Criminal Law and Procedure |
|
May 18, 2004 | |
|
02-10333
|
U.S. v. Keesee
Defendant who hid firearm in safe is subject to enhancement provision of Armed Career Criminal Act. |
Criminal Law and Procedure |
|
May 18, 2004 | |
|
03-50106
|
U.S. v. Gomez
Wiretap application adequately explained that traditional techniques, including use of confidential informants, would not meet goals of investigation. |
Criminal Law and Procedure |
|
May 18, 2004 | |
|
02-50594
|
U.S. v. Rodriguez-Gonzales
Defendant receives lighter sentence for illegal entry due to government's failure to plead subsequent entry. |
Criminal Law and Procedure |
|
May 18, 2004 | |
|
02-10197
|
U.S. v. Hickey
Because none of defendant's contentions raise colorable claim under collateral order doctrine, appeals are dismissed for lack of jurisdiction. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
03-1028
|
Middletown v. McNeil
State court did not unreasonably apply federal law in finding there was no reasonable likelihood jury was misled by faulty instruction. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
02-1824
|
Dretke v. Haley
Federal court faced with claim of actual innocence must first address nondefaulted claims for comparable relief to excuse procedural default. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
02-50663
|
U.S. v. Navarro-Vargas
Charge given by district court to grand jury did not deny defendant his Fifth Amendment right to unfettered judgment of grand jurors. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
03-10234
|
U.S. v. Navidad-Marcos
District court improperly relied solely on abstract of judgment of prior conviction to enhance defendant's sentence. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
01-50562
|
U.S. v. Manion
Jury properly instructed that defendant can be convicted for defendant's own acts constituting mail fraud if defendant knowingly participated in scheme to defraud. |
Criminal Law and Procedure |
|
May 11, 2004 |