| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B134542
|
People v. Brown
Imposition of 18-month low term for attempted voluntary manslaughter is not inconsistent with defendant's aggravated ten year sentence for firearm use. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-35147
|
Lorentsen v. Hood
Federal prisoner may not overcome limitations on successive motions by petitioning for habeas relief. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
98-50084
|
U.S. v. Nunez
Defendant who waives statutory right to appeal sentence implicitly waives right to argue ineffective assistance of counsel involving sentencing issue. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-10127
|
U.S. v. Nelson
Defendant seeking sentence reduction must prove eligibility for 'safety valve relief' by preponderance of evidence. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-15530
|
Patterson v. Gomez
Jury instruction that allows jury to presume defendant is sane in murder trial violates due process. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
97-35664
|
Manning v. Foster
Attorney's conflict of interest constitutes cause for procedural default when conflict causes attorney to interfere with petitioner's right to pursue habeas relief. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
97-56162
|
Delgado v. Lewis
Claim of ineffective assistance of counsel is upheld when counsel files brief claiming no non-frivolous issues exist and court certifies to contrary. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-30161
|
U.S. v. Nerber
Fourth Amendment protects citizens from secret video surveillance in another person's hotel room without warrant or consent of participant in monitored activity. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-10162
|
U.S. v. Cabrera
Admitting lead witness's improper references to defendants' national origin is plain error. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-35726
|
Shumway v. Payne
Jury instruction in murder trial that splits the act and mental state between two defendants is harmless error because it is in accord with Washington law. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-10015
|
U.S. v. Henke
Joint defense privilege agreement that prevents accused from cross-examining witness is conflict court must address. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-10519
|
U.S. v. Tadeo
Cour does not abuse its discretion by imposing sentence greater than one suggested by sentencing guideline's policy statements. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-35285
|
Ellis v. Armenakis
Prisoner whose state claim is barred by procedural rules also has no federal claim. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-50275
|
U.S. v. Lavender
Screwdriver carried during bank robbery is a dangerous weapon for purposes of sentence enhancement, whether or not its use is intended. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-17653
|
Green v. White
Antiterrorism and Effective Death Penalty Act's one year time limitation is not per se violation of Suspension Clause. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-30167
|
U.S. v. Tiong
Car spotted in area regularly used for crime gives rise to reasonable suspicion to justify stop. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
99-30143
|
U.S. v. Edwards
Prosecutor who links accused to drugs after tampering with evidence already admitted at accused's prior trial prejudicies accused. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
B137582
|
In re Vargas
Defendant who may have been coerced to accept plea by attorney unable to proceed to trial may have been prejudiced. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
C033619
|
People v. Frontier Insurance Co.
Court does not lose jurisdiction over forfeiture of bail when it continues case of accused who fails to appear for jury's reading of verdict. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
C031031
|
People v. Hoag
Though absent from residence at time of search, defendant has sufficient personal interest in safety of family to challenge deputies' mode of entry. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
|
C031119
|
People v. Hall
Multiple-victim exception does not allow imposition of multiple sentences for single act of brandishing firearm in presence of more than one peace officer. |
Criminal Law and Procedure |
|
Nov. 1, 2000 | |
|
S008840
|
People v. Coddington
California Supreme Court affirms death sentence for convicted murderer. |
Criminal Law and Procedure |
|
Nov. 1, 2000 | |
|
S070271
|
People v. Lawrence
Consecutive sentences are not mandated under three strikes law if all current convictions committed on same occasion or arise from same set of operative facts. |
Criminal Law and Procedure |
|
Nov. 1, 2000 | |
|
H021486
|
People v. Superior Court (Butler)
Mental institution inmates convicted under sexually violent predator law may have their commitment extended after full psychological evaluation. |
Criminal Law and Procedure |
|
Nov. 1, 2000 | |
|
D033131
|
People v. Scott
Retrial on forcible sex offense not barred by principles of double jeopardy. |
Criminal Law and Procedure |
|
Oct. 26, 2000 | |
|
C032080
|
People v. England
If proper measures are taken to ensure fairness of judicial proceedings, trial may be conducted in courtroom on grounds of state prison facility. |
Criminal Law and Procedure |
|
Oct. 26, 2000 | |
|
H020621
|
Salazar v. Superior Court (In re People)
Criminal defendant may challenge sufficiency of evidence for penalty enhancements during preliminary hearing. |
Criminal Law and Procedure |
|
Oct. 26, 2000 | |
|
D034595
|
People v. Wood
Hit and run accident doesn't become 'serious felony' just because victim's injuries are serious. |
Criminal Law and Procedure |
|
Oct. 26, 2000 | |
|
S083367
|
People v. Umfrid
Review granted |
Criminal Law and Procedure |
|
Oct. 25, 2000 | |
|
99-0475
|
State v. Gill (In re 3,636.24)
Trial court errs in forfeiting accused's cash and cellular phone to State. |
Criminal Law and Procedure |
|
Oct. 24, 2000 |