| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-10381
|
U.S. v. Upshaw
Conviction of Native American for assault resulting in serious bodily injury leads to upper adjustment in sentencing. |
Criminal Law and Procedure |
|
Oct. 8, 2000 | |
|
S075510
|
Scott on Habeas Corpus
Review granted |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
S086967
|
People v. Thomas
Review granted |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-35536
|
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
97-55262
|
Duran v. City of Maywood
Court did not abuse discretion in failing to give 'Alexander' instruction when no facts showed police actions were excessive or unreasonable. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-56219
|
Solis v. Garcia
Jurors are not required to unanimously agree upon basis for guilt in reaching unanimous guilty verdict when alternate legally valid theories exist. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-10071
|
U.S. v. Albers
Ram-air chutes used to jump from structures in national parks are parachutes for purposes of federal law. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-71446
|
DeGeorge v. U.S.
Writ of mandamus is extreme measure only available when sought-after relief not available on direct appeal. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-10483
|
U.S. v. Ciccone
Evidence relating to victims' uninformed opinions that telemarketing scheme is legitimate, propounded by accused to rebut specific intent element of wire fraud is properly excluded. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-35536
|
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-50250
|
U.S. v. Doe
Government's failure to notify parents of juvenile's right to remain silent is cause to suppress confession of juvenile. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-50561
|
U.S. v. Magallon-Jimenez
Cocaine found lodged between passenger's feet in vehicle involved in drug transaction indicates knowledge, possession and intention to distribute drugs. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-30182
|
U.S. v. Cormier
Motel guest has no reasonable expectation of privacy in guest registration records. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-50183
|
U.S. v. Musa
Court does not abuse its discretion by imposing sentence that departs from range listed in Sentencing Commission's policy statement. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-10371
|
U.S. v. Lindberg
To recover expenses for prosecutorial misconduct, defendant must show more than substantially unjustified position by government. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
97-50605
|
U.S. v. Bennett
Government wiretap application for drug conspiracy investigation shows sufficient necessity despite undercover agent's questionable credibility. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
S080497
|
People v. Marjanian
Review granted |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-35536
|
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
S078879
|
In re Resendiz
Review granted |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
B119774
|
People v. Valentine
Denial of statutory right to jury trial on prior convictions is subject to harmless error analysis. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
B105409
|
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
H013433
|
People v. Dingman
Conviction for possession of assault rifle doesn't require that rifle be manufactured with detachable magazine. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
A078379
|
People v. Haynes
Unavailable witness taped statements in preliminary hearing are admissible against defendant at trial under recently-enacted statute. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
99-50137
|
U.S. v. Romero-Rendon
Uncontroverted presentence report provides clear and convincing evidence of prior conviction of an aggravated felony for sentence enhancement. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
99-10491
|
U.S. v. Sesma-Hernandez
In probation revocation hearing, trial court commits harmless error by excluding evidence deemed exceedingly weak though somewhat relevant. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
98-56751
|
James v. Giles
Prisoner has a right to amend a habeas corpus petition that contains exhausted and unexhausted claims as alternative to dismissal. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
99-30137
|
U.S. v. Nanthanseng
Conspiracy to distribute drugs and sell stolen firearms are not crimes sufficiently related to be grouped together for purposes of sentencing. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
98-35378
|
Baker v. BJR City of Blaine
No 6th Amendment deprivation during arraignment when accused pleads guilty, doesn't otherwise contest conviction and nothing occurred that was material to later trial proceedings. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
99-50388
|
U. S. v. Carter
Prisoner's sentence is vacated because district judge fails to explicitly resolve factual issues in presentence report relied upon for sentencing purposes. |
Criminal Law and Procedure |
|
Oct. 4, 2000 | |
|
98-56048
|
Marquez-Perez v. Rardin
Parole Commission may not delegate its discretionary authority to reopen cases to case analyst. |
Criminal Law and Procedure |
|
Oct. 4, 2000 |