| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98CA2352
|
People v. Davalos
Restitution can only be ordered for acts that take place within the applicable statute of limitations. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-17319
|
Dubner v. City of San Francisco
Although identity of arresting officer remains unknown, claim for unlawful arrest based on lack of probable cause will go forward. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-7078
|
U.S. v. Price
Informant's out-of-court statements were admissible because defendant procured witness' unavailability. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-8092
|
Engberg v. State of Wyoming
Habeas petitioner's claims of error don't warrant federal habeas relief and his ineffective assistance of counsel claims are procedurally barred. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-50328
|
U.S. v. Orso
Confession is admissible even though it was made immediately following statements made without 'Miranda' warning. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-10120
|
U.S. v. Lomow
Among other things, in ordering restitution, court errs in refusing to offset assets and payments made to victim by other parties. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-35422
|
Martinez v. Klauser
Petition for habeas relief may proceed because of unclear state procedural rule. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-35640
|
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-30263
|
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-10272
|
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-50371
|
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-15432
|
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
99-30219
|
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
G028277
|
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
E027539
|
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
24495-1
|
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
H018805
|
People v. Lugas
Statutory amendment making issuance of certificate of rehabilitation discretionary, rather than mandatory, isn't ex post facto law. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
25652-5
|
State v. Bernal
Charge of homicide by controlled substance dismissed because state failed to show that victim died after ingesting drugs delivered by defendant. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
47092-2
|
State v. Osalde
Victim's testimony of psychological abuse adequately supports exceptional sentence for domestic violence involving prolonged pattern of abuse. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
99-4046
|
U.S. v. Macias
Order |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
00-7139
|
Whittier v. Hargett
Order |
Criminal Law and Procedure |
|
Nov. 14, 2001 | |
|
99-35657
|
Weighall v. Middle
If state's application of federal law on ineffective assistance of counsel isn't clearly erroneous or unreasonable petitioner is not entitled to federal habeas relief. |
Criminal Law and Procedure |
|
Nov. 14, 2001 | |
|
99-6005
|
U.S. v. Maddux
Order |
Criminal Law and Procedure |
|
Nov. 14, 2001 | |
|
S078176
|
People v. Valley
Order |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
S083265
|
People v. Rowland
Order |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
B125169
|
People v. Rowland
Trial court abuses its discretion when it removes a juror, for allegedly failing to deliberate, without first making an adequate inquiry. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-2115
|
U.S. v. Constantine
Obsessive compulsive disorder did not negate crime of attaching silencer to gun in facilitation of felony. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-2093
|
Woodward v. Williams
Hearsay statement was admissible excited utterance and did not violate confrontation clause. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-3138
|
U.S. v. Zubia-Melendez
Court correctly denies motion to suppress evidence seized during search of defendant's vehicle when probable cause supported stop and consent was voluntary. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-3339
|
U.S. v. Busekros
Court erred in denying federal benefits in case where defendant assisted government in prosecuting gang leaders. |
Criminal Law and Procedure |
|
Nov. 13, 2001 |