| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-17348
|
Loveland v. Hatcher
Ineffective assistance of counsel may be 'good cause' excusing prisoner's failure to file timely post-conviction relief petition in state court. |
Criminal Law and Procedure |
|
Jan. 4, 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 |
|
Jan. 4, 2001 | |
|
99-56405
|
Jones v. Smith
Discrepancy between jury instruction on premeditation and omission of premeditated charge is variance, not amendment and therefore does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-50302
|
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
98-50609
|
U.S. v. Hayes
Secret tape recording of conversation is admissible because it was obtained before formal criminal proceedings were initiated. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10374
|
U.S. v. Alvarez-Valenzuela
Co-conspirator's firearms conviction affirmed because of foreseeabilty of presence of gun during drug trafficking operation. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
00-99017
|
Miller v. Stewart
Stay of execution granted where defendant volunteers to die and there is evidence of psychological deterioration. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10518
|
U.S. v. Middleton
Computer Fraud and Abuse Act prohibiting conduct causing damage to one or more individuals includes damage to corporations. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10431
|
U.S. v. Chea
Court must apply 1994 version of sentencing guideline when imposing sentence on defendant who is subject to undischarged term of imprisonment. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
B134371
|
People v. Strohman
Receiving stolen property is not lesser included offense of operating chop shop. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
C033002
|
People v. Dey
Presence of marijuana in passenger compartment of automobile provides probable cause for search of trunk. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
A087919
|
People v. Camarillo
Driving while intoxicated conviction, later declared a misdemeanor for all purposes, may not be charged as prior felony conviction. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
A083235
|
People v. Younger
Jury instructions that allow jury to consider prior offenses as inference that boyfriend committed murder are not harmless error. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
C033959
|
People v. Drennan
School superintendent's conviction for recording confidential communications in prinicpal's office is reversed. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
G023913
|
People v. Thornton
Defendant who volunteered statement about drug use was not prejudiced by admission of statement at trial. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
C031869
|
People v. Baniqued
Rooster or other birds qualify as animals for purposes of animal cruelty statutes found in Penal Code. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
S068162
|
People v. Duarte
Post-arrest statements not specifically disserving to declarant's interest and lacking sufficient indica of trustworthiness do not qualify for exception to hearsay rule. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10342
|
U.S. v. Jimenez-Frias
Providing transportation to illegal aliens even in course of employment is sufficient to find liability. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-35647
|
Shewfelt v. Alaska
Court's failure to provide accused with opportunity to be present at playback of trial testimony violates Sixth Amendment, but is harmless error. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-55040
|
U.S. v. Maggio
Police had probable cause to unlock car of defendant who provided inconsistent answers and failed to furnish identification. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-17063
|
Charles v. Hickman
Evidence of prior offense resulting in acquittal may be introduced if governed by a lower standard of proof than in previous trial. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-30329
|
U.S. v. Mondragon
Prosecutor's comments that influence court to impose harsher sentence breaches plea agreement and requires defendant to be resentenced. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-30297
|
U.S. v. Archdale
Court upholds sexual abuse convictions, despite defendant's challenges of erroneous evidentiary rulings and improper sentencing. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-99028
|
Morris v. Woodford
State Supreme Court's denial of second state habeas petition as untimely does not bar federal review of claims raised in that petition. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-10427
|
U.S. v. Holmes
Informant who received compensation for identifying defendant does not require special jury instruction. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-10607
|
U.S. v. Amano
Evidence obtained against foreign national without notifying consulate or providing Miranda warnings in native language is admissible. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-30232
|
U.S. v. Furrow
Warrant requirement not excused in protective sweep of cabin conducted after teenagers inside had been rounded up, carded and arrested. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
97-99031
|
Mayfield v. Calderon
Convicted murderer is not prejudiced by his counsel's failure to present more mitigating evidence at penalty phase of trial. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-10485
|
U.S. v. Johnson
Jury conviction for receipt of stolen government property to be reinstated over Rule 29 acquittal in money laundering case. |
Criminal Law and Procedure |
|
Jan. 3, 2001 | |
|
99-10404
|
U.S. v. Rodrigues
Court must determine exact nature of agreements between company and investors before calculating appropriate restitution owed by company's chairman. |
Criminal Law and Procedure |
|
Jan. 3, 2001 |