| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-35725
|
MacFarlane v. Walter
Policy giving pre-sentence detainees less good conduct credits than defendants released on bail while awaiting sentencing, violates equal protection clause. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30167
|
U.S. v. Covarrubias
Suspect's right to counsel is violated when questioned about transporting illegal alien where he already has attorney for kidnapping charge involving same alien. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30181
|
U.S. v. Palmer
Statute forbidding use of conviction where defendant's civil rights are restored overrides counting provision in United States Sentencing Guidelines. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30237
|
U.S. v. Yankowski
Government's failure to prove extortionate purpose mandates vacating conviction for Hobbs Act violation. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-99025 and 97-99026
|
Lord v. Wood
Failure to interview and call witnesses who saw victim alive after she was last seen with defendant is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30307
|
U.S. v. George
In determining length of sentence for supervised-release revocation, U.S. Sentencing Guidelines' policy statements are not binding. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30222
|
U.S. v. Crawford
Proximity to school isn't relevant conduct for purposes of offense guideline for drug crime when all counts charging school proximity are dismissed. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30145 and 98-30146
|
U.S. v. McIver
Electronic tracking devices placed on automobiles by police isn't a Fourth Amendment violation. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-35594
|
Baja v. Duchjarme
Evidentiary hearing on federal habeas petition isn't required when petitioner failed to raise factual issues in state court. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-30324
|
U.S. v. Gergen
Defendant must be aware of illegal characteristics of firearm in order for conviction for possession of unregistered shotgun to stand. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-30264
|
U.S. v. Barragan-Mendoza
District court can't modify defendant's sentence more than seven days after its imposition. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30118
|
U.S. v. Hall
Court's continuance to permit a codefendant's plea negotiations does not toll Speedy Trial Act. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-30157
|
U.S. v. Garcia-Sanchez
Scope of defendant's involvement in conspiracy must be determined before contributing all conspiracy sales to defendant. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-36102
|
Furman v. Wood
No due process violation occurs when a defendant ineligible for the death penalty is tried before a death-qualified jury. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-30201
|
U.S. v. Hernandez
For prosecution of alien illegally found in United States after deportation, venue is where alien first discovered and illegality of presence known. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-30388
|
U.S. v. Burdeau
Permission to withdraw an already accepted guilty plea can be given for 'any fair and just reason.' |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-30034
|
U.S. v. Park
Under Federal Sentencing Guidelines, enhancements are properly imposed for brandishing firearm during robberies. |
Criminal Law and Procedure |
|
Jun. 18, 2000 | |
|
97-36102
|
Furman v. Wood
Trial by death-qualified jury, even though defendant isn't eligible for death penalty, doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 18, 2000 | |
|
97-35725
|
MacFarlane v. Walter
Policy giving pre-sentence detainees less good conduct credits than defendants released on bail while awaiting sentencing, violates equal protection clause. |
Criminal Law and Procedure |
|
Jun. 18, 2000 | |
|
98-35265
|
Hiivala v. Wood
Antiterrorism and Effective Death Penalty Act bars review on habeas appeal of issues not specified in the certificate of appealability. |
Criminal Law and Procedure |
|
Jun. 18, 2000 | |
|
99-2112
|
Berry-Gurule v. Lucero
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-4154
|
U.S. v. Galindo-Davalos
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
00-1093
|
Godines v. Oliver
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
97-35837
|
Lopez v. Thompson
Failure to specifically instruct defendant representing himself at sentencing that he can cross-examine psychiatrist doesn't invalidate his right to counsel waiver. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-10081 and 98-10138
|
U.S. v. Rrapi
Automated teller machine located in a grocery store is a 'bank' for purposes of federal bank robbery statute. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-10271
|
U.S. v. Smith
Sentence enhancement for firearm possession is proper where it's not 'clearly improbable' that the weapon is connected to offense of manufacturing marijuana. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-10202
|
U.S. v. Comito
Defendant's right to confrontation is violated when hearsay testimony is used as the basis for finding a supervised release violation. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-15450
|
Bargas v. Burns
Procedural default can occur for purposes of habeas corpus, even if there's no state case law directly on point setting forth appeal requirement. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-15543
|
Glauner v. Miller
State statute requiring parole board to certify lack of threat of sex offenders to others before release is constitutional. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-35518
|
Zitto v. Crabtree
Oral notification and offer of continuance prior to parole revocation hearing is sufficient notice and doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 15, 2000 |