| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B137602
|
People v. American Contractors Indemnity Co.
Exoneration of bail bond is proper where clerk fails to comply with statutorily imposed notice provisions. |
Criminal Law and Procedure |
|
Oct. 9, 2001 | |
|
S076262
|
People v. Williams
Mental state for assault requires knowledge that defendant's act by its nature will probably and directly result in injuring another. |
Criminal Law and Procedure |
|
Oct. 9, 2001 | |
|
S083267
|
People v. Cervantes
Evidence of proximate cause was insufficient to support gang member's conviction for provocative act murder. |
Criminal Law and Procedure |
|
Oct. 9, 2001 | |
|
00-1159
|
U.S. v. Luppi
Order |
Criminal Law and Procedure |
|
Oct. 8, 2001 | |
|
S004665
|
People v. Weaver
Death sentence is affirmed against defendant who murdered two people and committed rape because voices told him to commit crimes. |
Criminal Law and Procedure |
|
Oct. 8, 2001 | |
|
00-1484
|
U.S. v. Bailey
Court retains jurisdiction over individual in violation of supervised release when hearing held within reasonable time after relapse term has expired. |
Criminal Law and Procedure |
|
Oct. 8, 2001 | |
|
00-1475
|
U.S. v. Monroe
Court didn't err in applying criminal sexual abuse guideline in case where minor was abducted. |
Criminal Law and Procedure |
|
Oct. 8, 2001 | |
|
01-0129
|
State v. Sepulveda
'Apprendi' does not apply retroactively to post-conviction proceedings in cases that have become final. |
Criminal Law and Procedure |
|
Oct. 8, 2001 | |
|
00-0801
|
State v. Sierra-Cervantes
Although self-defense jury instruction was incorrect, it did not confuse or mislead jury and caused no fundamental error requiring reversal. |
Criminal Law and Procedure |
|
Oct. 8, 2001 | |
|
00-5058
|
Moore v. Hargett
Order |
Criminal Law and Procedure |
|
Oct. 7, 2001 | |
|
00-2156
|
Ortega v. Williams
Order |
Criminal Law and Procedure |
|
Oct. 7, 2001 | |
|
00-10343
|
United States v. Jimenez
Defendant's sentence of 70 months in prison for illegal re-entry was not erroneous where defendant had committed prior aggravated felony. |
Criminal Law and Procedure |
|
Oct. 7, 2001 | |
|
01-2023
|
U.S. v. Vasquez-Castillo
Port of entry safety inspector was within permissible scope of warrantless search when he searched hidden compartment in truck. |
Criminal Law and Procedure |
|
Oct. 7, 2001 | |
|
99-2313
|
U.S. v. Alvarez-Pineda
District court abuses discretion in granting downward departure in defendant's sentence without sufficient basis in law or fact. |
Criminal Law and Procedure |
|
Oct. 7, 2001 | |
|
99-30135
|
U.S. v. Recio
Court finds insufficient evidence of guilt of pre-seizure conspiracy where defendants' conduct reveals general guilt of post-seizure pick-up of contraband. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
01-50192
|
U.S. v. Castro-Hernandez
Use of child as decoy while smuggling drugs justifies upward adjustment under federal sentencing guidelines. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
00-50594
|
U.S. v. Lopez
Defendant isn't entitled to notice prior to sentencing that participation in mental health program would be condition of supervised release. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
00-10507
|
U.S. v. Taylor
Defendant is not guilty of disorderly conduct where incident in question was not public. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
00-15295
|
Garvin v. Farmon
Violation of defendant's rights in primary interrogation will not suppress subsequent valid confession. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
00-30222
|
U.S. v. Berry
Defendant's sentence was properly increased for being leader of enterprise to steal mail. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
00-10457
|
U.S. v. Basalo
Court improperly departed downward eight levels from applicable sentencing guideline where no evidence existed that alleged government misconduct effected outcome of proceedings. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
00-10437
|
U.S. v. Laskie
Conviction for being felon in possession of firearm is vacated where underlying conviction was 'set aside' by 'honorable discharge.' |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
99-15935
|
Frye v. Hickman
In non-capital case, prisoner is not entitled to counsel on habeas petition, and equitable tolling is not required where attorney missed filing deadline. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
99CA2022
|
People v.Smith
Trial court required to impose indeterminate sentence in case involving certain sex offenses. |
Criminal Law and Procedure |
|
Oct. 2, 2001 | |
|
99SC772
|
People v. Garcia
Provocation under second-degree murder statute is mitigating factor that prosecution must disprove, not separate lesser included offense. |
Criminal Law and Procedure |
|
Oct. 2, 2001 | |
|
00CA1561
|
Vashone-Caruso v. Suthere
Calculation of good time must be considered in determining parole eligibility date. |
Criminal Law and Procedure |
|
Oct. 2, 2001 | |
|
99SC270
|
Keller v. People
Prosecutor may not withdraw from plea agreement when trial court properly reduces sentence pursuant to 'boot camp' statute. |
Criminal Law and Procedure |
|
Oct. 2, 2001 | |
|
46448-5-I
|
State v. Holmes
Police officers' belief that woman had apparent authority to grant consent to search alleged drug dealer's residence wasn't objectively reasonable. |
Criminal Law and Procedure |
|
Oct. 2, 2001 | |
|
99CA2493
|
People v. Gonzales
Trial court authorized to order bond insurance company to refund bond premium where nonparty mistakenly required to post bond. |
Criminal Law and Procedure |
|
Oct. 1, 2001 | |
|
46994-1-I
|
State v. Wilson
Criminal case proceeds despite prosecutor's failure to secure interview between defense attorney and victim. |
Criminal Law and Procedure |
|
Oct. 1, 2001 |