| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-10282
|
U.S. v. Abonce-Barrera
Translated version of undercover tape recordings are admissible because defendant had opportunity to review tapes. |
Criminal Law and Procedure |
|
Sep. 17, 2001 | |
|
99-10224
|
U.S. v. Ruiz
'Fair and just' standard applies to any motion for plea withdrawal that is made prior to defendant's sentencing. |
Criminal Law and Procedure |
|
Sep. 17, 2001 | |
|
00-10224
|
U.S. v. Carrasco
Violation of speedy trial act did not occur when charge included in original indictment was reasserted in superseding indictment. |
Criminal Law and Procedure |
|
Sep. 17, 2001 | |
|
00-10231
|
United States v. Trapp
Government did not breach plea agreement when it refused to recommend home detention after defendant was found ineligible. |
Criminal Law and Procedure |
|
Sep. 17, 2001 | |
|
01-70967
|
In re Roe
Court erred by releasing defendant convicted of first-degree murder on bail pending resolution of his habeas corpus petition. |
Criminal Law and Procedure |
|
Sep. 17, 2001 | |
|
00-30023
|
U.S. v. Hill
Indictment charging defendant with being accessory after the fact is insufficient as matter of law because it fails to plead underlying offense. |
Criminal Law and Procedure |
|
Sep. 17, 2001 | |
|
DELETE@@!!!
|
People v. Williams
Opinion |
Criminal Law and Procedure |
|
Sep. 13, 2001 | |
|
S011425
|
People v. Seaton
Death sentence is affirmed because defendant's contentions on appeal lacked merit or no harm was suffered from error. |
Criminal Law and Procedure |
|
Sep. 12, 2001 | |
|
B147452
|
People v. Superior Court (Gevorgyan)
Proposition 21 requires that juveniles be prosecuted by information following preliminary hearing, not by grand jury indictment. |
Criminal Law and Procedure |
|
Sep. 12, 2001 | |
|
F034208
|
People v. Brown
DNA evidence is admissible because scientists followed proper laboratory procedures. |
Criminal Law and Procedure |
|
Sep. 12, 2001 | |
|
B146305
|
People v. Tapia
When defendant's probation has expired, order finding him in violation is void and court doesn't have jurisdiction to extend probation term. |
Criminal Law and Procedure |
|
Sep. 12, 2001 | |
|
99SC602
|
Martin v. People
Trial court incorrectly added period of parole to defendant's sentence because parole board has sole discretionary authority to determine defendant's parole eligibility. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S081438
|
People v. Sandoval
Order |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
B143800
|
People v. Hardacre
Sexually violent predator who failed to complete therapy or show that he was able to control his pedophilia was properly recommitted. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S097882
|
People v. Harrah
Order |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
D035265
|
People v. Gordon
Ceramic pieces of spark plug aren't burglar's tools within meaning of statute providing for possession of burglar's tools. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
G027381
|
Anthony L. v. Superior Court (People)
Street Terrorism Enforcement and Prevention Act was intended to punish both felony and misdemeanor crimes committed in furtherance of criminal street gang. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
B144240
|
People v. Thomas
No federal constitutional violation occurred where defense counsel waived defendant's state statutory right to jury trial on prior prison term allegations. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S090076
|
People v. Sengpadychith
Court erred when it failed to find specific felonies comprising gang's primary activities. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S020032
|
People v. Lewis
First-degree murder conviction upheld despite problems with testimony of primary witness. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S075232
|
People v. Collins
Waiver of jury trial obtained by court's assurance of an unspecified benefit isn't valid waiver. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S030416
|
People v. Ochoa
Death penalty sentence stands for defendant convicted of multiple counts of first degree murder committed during robbery. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
H017310
|
People v. Vargas
Defendant's numerous challenges to sentence for conspiracy and murder are without merit. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
99SC513
|
People v. Saiz
Trial court acted within discretion, concluding purpose of videotaped statements had been accomplished through cross-examination of detective who took original statement. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
00-7008
|
Johnson v. Gibson
Order |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-6298
|
Daniels v. U.S.
Petitioner's request for permission to file successive habeas petition is denied because claim fails 'Teague' inquiry. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
98-99018
|
Murtishaw v. Woodford
Death sentence reversed because court gave erroneous jury instruction that resulted in ex post facto violation. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-3188
|
U.S. v. Riggans
Failure to instruct jury on crime element didn't affect trial's fairness and court correctly decided that bank larceny was crime of violence. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
98-50748
|
U.S. v. Najjor
Court errs in failing to consider all evidence in calculating amount of restitution owed to bank. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
99-10148
|
U.S. v. Barrios-Gutierrez
At plea colloquy, court need only give notice of maximum possible penalty provided by law, and not defendant's actual maximum sentence. |
Criminal Law and Procedure |
|
Sep. 10, 2001 |