| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-5103
|
U.S. v. Julian
Although court was authorized to order restitution, order must be specific regarding costs of future counseling for sexual-abuse victims. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
S071080
|
Thompson v. Dept. of Corrections
Prisoner condemned to death was not entitled to visit with spiritual advisor for extra 20 minutes prior to execution. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-10168
|
U.S. v. Henderson
Violation of statute prohibiting destruction or alteration of government land requires proof of specific intent. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-50131
|
United States v. Verdin
Providing false identity is obstruction of justice warranting sentence enhancement under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-30241
|
U.S. v. Akins
Defendant who did not voluntarily waive right to counsel for domestic violence conviction may not be later indicted for firearms possession. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17968-1
|
State v. Campos
Evidence is sufficient to establish that defendant possessed cocaine with intent to deliver. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17521-9
|
State v. Williamson
Trial court may allow state to exercise peremptory challenge after jury is sworn and first witness has started to testify. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17856-1
|
State v. May
Defendant is entitled to jury instruction on unwitting possession in defense of charge of unlawful possession of a firearm. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-804
|
Cleveland v. United States
Unissued video poker licenses are property under mail fraud statute. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-1030
|
City of Indianapolis v. Edmond
Highway checkpoint program aimed at detecting ordinary criminal wrongdoing creates unreasonable seizure in violation of Fourth Amendment. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17471-9-III
|
State v. Schelin
Defendant's proximity to loaded revolver when police enter home is sufficient to support allegation that defendant was armed with deadly weapon. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17779-3-III
|
State v. Beliz
State's peremptory challenges against female potential jurors is sufficient to show gender bias and merits reversal of conviction. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
25597-9
|
State v. Gardner
Causing disruption on police radio supports conviction for malicious mischief. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
25325-9
|
State v. Clowes
Defective jury instructions constitute reversible error and remedy for defective charging document is dismissal without prejudice. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
B139818
|
People v. Silfa
Because defendant knowingly waived his right to counsel, court committed reversible error in denying his motion to represent himself. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
97-0306
|
State v. Bocharski
In capital cases, defendant must be given opportunity to present mitigation evidence and trial court must consider reasons behind defendant's waiver. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
00-0540
|
State v. Miranda
All elements of disorderly conduct by reckless display of firearm are elements of aggravated assault. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
98-35377
|
Young v. Weston
District court must conduct evidentiary hearing when ruling on whether confinement at mental institution renders state's sexual predator statute punitive. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-50602
|
U.S.. v. Velarde-Gomez
In federal criminal prosecution, prosecutor may elicit testimony and comment on demeanor of arrestee who has not received Miranda warning. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
98-35377
|
Young v. Weston
District court must conduct evidentiary hearing when ruling on whether confinement at mentalinstitution renders state's sexual predator statute punitive. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-50328
|
U.S. v. Orso
Defendant's incriminating statements and subsequent confession are suppressed because police used improper tactics prior to advising defendant of Miranda rights. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-10526
|
U.S. v. Henderson
Court 's failure to order disclosure of informant's identity is not abuse of discretion nor is suppression of items found in vehicle required. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
00-6381
|
Lafevers v. Gibson
Conviction stands despite false testimony because of independent evidence that defendant committed offense. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
00-50079
|
U.S. v. Lakatos
Although district court can require compliance with support order as condition of supervised release, court cannot alter terms of order. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-30261
|
U.S. v. Ellis
Coincidental presence of rifle in closet where defendant was hiding is not within meaning of firearm sentence-enhancement guideline. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-8045
|
Cruz v. City of Laramie
Hog-tie restraints may not to be used when individual's diminished capacity is apparent. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-99010
|
Sandoval v. Calderon
Defendant was not entitled to severance of criminal counts but was prejudiced by prosecutor's religious argument for death penalty. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
00-30067
|
U.S. v. Medrano
Vulnerable victim sentence enhancement is upheld where bank employee embezzles money from customers who are Spanish-speaking, illiterate and unsophisticated in banking. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-35566
|
Wilcox v. McGee
Second indictment barred by double jeopardy clause because it contained same substance as first indictment and charged defendant with same crime. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-10446
|
United States v. Panaro
Evidence of repeated references of intention to threaten someone with violence is sufficent to sustain extortion conviction. |
Criminal Law and Procedure |
|
May 8, 2001 |