| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-0376
|
State v. Pandeli
Court affirms petitioner's challenge to death sentence when among other things, mitigation is insufficient to reduce sentence. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
00-0495
|
State v. Tschilar
Defendant convicted of kidnapping was not entitled to have jury consider that he voluntarily released victims unharmed. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
24200-1-II
|
State v. Kilgore
Court erred in suppressing evidence of child victim's past sexual abuse. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
19475-2-III
|
State v. Morgan
State may seek 10 year extension to execute judgment ordering restitution from criminal defendant. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
68112-1
|
State v. Stein
Jury instructions were unconstitutional because they did not require jurors to find all elements of crime before rendering conviction. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25322-4-II
|
State v. Marko
Jury instruction describing various types of threats defines elements of crime and does not create new ones. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25449-2-II
|
State v. Magneson
Defendant that was guest in home has automatic standing to challenge search and seizure. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25215-5
|
State v. A.K.B., A Minor
Juvenile court may not require restitution if amount was not set before conclusion of deferral period. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25493-0-II
|
State v. Lake
State breached plea agreement when it failed to recommend sexual offender treatment program for defendant as agreed to in plea. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
46191-5
|
State v. McClarney
Criminal defendant did not deserve reduced sentence because he demonstrated exceptional remorse during trial. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
44464-6
|
State v. Francisco
Defendant cannot challenge fruits of search when he lacked legitimate expectation of privacy in mother's home. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
B123823
|
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.' |
Criminal Law and Procedure |
|
Jul. 20, 2001 | |
|
A090565
|
People v. Brewer
Court may order DNA and saliva samples based on defendant's prior conviction for sexual assault. |
Criminal Law and Procedure |
|
Jul. 19, 2001 | |
|
S090791
|
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.' |
Criminal Law and Procedure |
|
Jul. 19, 2001 | |
|
99-3379
|
U.S. v. Tisdale
Police had probable cause to search vehicle when defendant is found with gunshot wound after asking neighbor to hide weapon and cocaine. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
00-6187
|
U.S. v. Arney
Conviction affirmed because instructions to deadlocked jury were not coercive and evidence was not improperly admitted or excluded. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
99-1475
|
U.S. v. Jackson
Federal kidnapping statute, 18 U.S.C. Section 1201(a)(5), is general intent crime. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
00-50245
|
U.S. v. Johansson
Defendant's due process rights were not violated where sentence was enhanced within statutory guidelines for conviction of conspiracy to make false statements. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
00-10149
|
U.S. v. Hawkins
Air force base regulations requiring vehicles entering or leaving base to stop for inspection don't violate right to privacy. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
99-35888
|
Tamalini v. Stewart
Convicted defendant has no Sixth Amendment rights on appeal, including qualified right to choice of counsel. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
H021322
|
People v. Hubbart
Sexually Violent Predator Act doesn't violate constitutional guarantees of equal protection and due process. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
99-7038
|
McGregor v. Gibson
Habeas petition granted where petitioner was found competent under unconstitutional burden of proof and reasonable judge should have doubted his competence. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
99-10463
|
U.S. v. Lam
Defendant failed to prove violation of right to speedy trial and his double jeopardy and due process claims fail. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
98-1280
|
Boyce v. Ashcroft
Proper avenue to challenge denial of first amendment rights is 42 U.S.C. Section 1983 and not Section 2241. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
97-99029
|
Petrocelli v. Angelone
Among other things, court abuses discretion in dismissing certain claims as abuse of writ and errs in dismissing others as procedurally barred. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
S095872
|
People v. Barnum
Order |
Criminal Law and Procedure |
|
Jul. 17, 2001 | |
|
B141257
|
People v. Cole
Defendant is not entitled to reduced sentence merely because court agreed to consider striking prior conviction. |
Criminal Law and Procedure |
|
Jul. 17, 2001 | |
|
S085471
|
People v. Tobias
Child under 18 years of age who has consensual sexual relationship with parent is not accomplice to parent's crime. |
Criminal Law and Procedure |
|
Jul. 17, 2001 | |
|
B133445
|
People v. American Surety Insurance Co.
Bond was properly forfeited where defendant failed to appear at sentencing hearing after he had already been convicted and given 'indicated' sentence. |
Criminal Law and Procedure |
|
Jul. 17, 2001 | |
|
E027461
|
Trevor W., a Minor
Juvenile's conviction was supported by sufficient evidence and crime was not committed under duress, but length of sentence violated statute. |
Criminal Law and Procedure |
|
Jul. 17, 2001 |