| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-30145
|
U.S. v. Elias
With the exception of payment of restitution, defendant's conviction and sentence for Resource Conservation and Recovery Act is upheld. |
Criminal Law and Procedure |
|
Oct. 28, 2001 | |
|
99-50602
|
U.S. v. Velarde-Gomez
District court erred in admitting government's evidence of defendant's lack of physical or emotional reaction, which was tantamount to evidence of silence. |
Criminal Law and Procedure |
|
Oct. 28, 2001 | |
|
00-0439
|
State v. Thompson
Statute that defines "pre-meditation" for first-degree murder is unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 25, 2001 | |
|
A079252
|
People v. Simon
Failure to object to venue at preliminary hearing is a waiver because it's a factual issue for a magistrate. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
E024710
|
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
B114681
|
People v. Jones
Sex crimes against same victim, where parties change positions but not locations, constitute 'separate occasion' under one-strike law. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
E023001
|
People v. Slayton
Car theft and burglary are closely related crimes which require that counsel for car theft charge be present before defendant is questioned on burglary charge. |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
S066991
|
People v. Sanchez
Order |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
S072071
|
People v. Jones
Review granted |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
C024654
|
People v. McCoy
Imperfect self-defense theory requires objective rather than subjective standard. |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
A081424
|
People v. Hightower
Trial court may conduct reasonable investigation into claim of jury misconduct even if inquiry involves disclosure of statement made during deliberations. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S086456
|
People v. Hightower
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S075171
|
In re Du
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
A074986
|
People v. Metters
Dismissal of sole holdout juror for not guilty verdict does not violate defendant's fair trial rights. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
B110130 and B118572
|
In re Cox
In involuntary manslaughter, when underlying misdemeanor is committed with criminal intent, dangerousness of act is irrelevant. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S085218
|
People v. Hinger
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S086153
|
People v. Slayton
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
99CA1871
|
People v. Jensen
Hearsay statements admissible in murder trial where there was sufficient evidence of reliability. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
00-2018
|
U.S. v. Combs
Defendants' various challenges to conviction and sentence are without merit. |
Criminal Law and Procedure |
|
Oct. 21, 2001 | |
|
99-36000
|
Sistrunk v. Armenakis
Habeus petition of convicted child rapist fails to withstand 'Schlup gateway' challenge. |
Criminal Law and Procedure |
|
Oct. 21, 2001 | |
|
70264-1
|
City of Kent v. Beigh
Court correctly suppressed results of blood alcohol test where breath analysis failed because machine indicated 'interference detected.' |
Criminal Law and Procedure |
|
Oct. 21, 2001 | |
|
99-3344
|
U.S. v. Lahue
Medicare Antikickback Act prohibts exchanging Medicare or Meidcaid referrals for purpose of knowingly and willfully obtaining payment. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
99CA0977
|
People v. Wirsching
Where defendant is not informed as to mandatory period of parole, he must be allowed to withdraw his guilty plea. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00SC332
|
Dike v. People
County court retains jurisdiction to reconsider order of dismissal of criminal case until time of filing appeal expires. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
99SC995
|
Dawson v. People
At providency hearing, trial court must advise defendant of possible sentence and parole, even when there is plea agreement with stipulated sentence. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00SC240
|
Young v. People
At providency hearing, trial court must advise defendant of possible sentence and mandatory parole. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
99SA137
|
In re Bauer
Attorney in criminal contempt proceeding possesses a Sixth Amendment right to be present at hearing on charges. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00-35355
|
Wildman v. Johnson
Habeas petition was properly dismissed because district court reasonably applied clearly established federal law. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00-7061
|
Humphreys v. Gibson
Defense attorney's failure to present psychiatric evidence at sentencing did not prejudice defendant sentenced to death. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00-4156
|
U.S. v. Garfinkle
Issues appellant reserved for review lacked merit, thus he didn't show that his counsel was ineffective for failing to raise these arguments. |
Criminal Law and Procedure |
|
Oct. 19, 2001 |