| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-30434
|
U.S. v. Garcia-Beltran
Government may require offender to submit new fingerprint exemplars to establish his identity at trial for illegal re-entry. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
04-10495
|
U.S. v. Ligon
In theft cases, 'archaeological value' does not come within definition of 'value' as used in 18 U.S.C. Section 641. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
C044660
|
People v. Platz
Mother cannot assert consent defense to kidnapping, which resulted in her child's murder. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
C046556
|
People v. Lamb
Defense counsel's failure to disclose information from its accident reconstruction expert violated discovery rules. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
D045112
|
People v. Christopher
Defendant forfeited right to challenge jury instruction and response to request for clarification on appeal by failing to object at trial. |
Criminal Law and Procedure |
|
Aug. 21, 2006 | |
|
B149425
|
People v. Robinson
Improper application of caselaw in considering defendant's challenge to jury selection requires new hearing. |
Criminal Law and Procedure |
|
Aug. 17, 2006 | |
|
F045053
|
People v. Prince
DNA statistics based on defendant's ethnicity as opposed to perpetrator's were proper in light of independent evidence establishing defendant as perpetrator. |
Criminal Law and Procedure |
|
Aug. 17, 2006 | |
|
A101459
|
People v. Wilson
Relevant group for determining DNA probabilities is population of possible suspects, not perpetrator's racial group. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
A085450
|
People v. Johnson
Prosecution's use of peremptory challenges to exclude all African-American jurors was sufficient evidence to prove improper group bias. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
C040754
|
People v. Brendlin
As passenger in car stopped by law enforcement officer, defendant can challenge legality of stop. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
B159379
|
People v. Vasquez
Court's error in denying defendant's motion to recuse district attorney's office was not prejudicial. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
H023584
|
People v. Modiri
Defendant's sentence was improperly enhanced in absence of finding that he personally inflicted great bodily injury upon victim. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
B181422
|
People v. Vasquez
Defendant's conviction of assault with intent to commit rape is not lesser included offense of attempted forcible rape. |
Criminal Law and Procedure |
|
Aug. 16, 2006 | |
|
C043594
|
People v. Cottle
Court improperly denied defendant's request to reopen jury selection in order to exercise peremptory challenge. |
Criminal Law and Procedure |
|
Aug. 15, 2006 | |
|
04-10504
|
U.S. v. Arreola
Where statute defines only single offense, indictment against defendant was not duplicitous. |
Criminal Law and Procedure |
|
Aug. 9, 2006 | |
|
04-1327
|
Holmes v. South Carolina
Third-party guilt evidentiary rule violates defendant's right to have meaningful opportunity to present complete defense. |
Criminal Law and Procedure |
|
Aug. 9, 2006 | |
|
03-15854
|
Rasberry v. Garcia
Court is not obligated to inform pro se habeas petitioner of potentially exhausted claims that petitioner failed to include in habeas petition. |
Criminal Law and Procedure |
|
Aug. 9, 2006 | |
|
05-10280
|
U.S. v. Evans-Martinez
District court should have provided notice to offender of its intent to sentence him outside range suggested by Sentencing Guidelines. |
Criminal Law and Procedure |
|
Aug. 9, 2006 | |
|
S037302
|
People v. Hinton
Capital offender whose allegations of prosecutorial misconduct were unfounded was not entitled to new trial. |
Criminal Law and Procedure |
|
Aug. 8, 2006 | |
|
05-30270
|
U.S. v. Casch
In jury trial, it is not for court to determine that venue exists, but any such error is subject to harmless error analysis. |
Criminal Law and Procedure |
|
Aug. 8, 2006 | |
|
05-50489
|
U.S. v. Pintado-Isiordia
Court failed to make clear on record which approach it relied on when it concluded that defendant's conviction was crime of violence. |
Criminal Law and Procedure |
|
Aug. 8, 2006 | |
|
05-10115
|
U.S. v. Morales-Perez
Conviction under California Health and Safety Code Section 11351.5 categorically qualifies as drug trafficking offense under federal Sentencing Guidelines. |
Criminal Law and Procedure |
|
Aug. 8, 2006 | |
|
04-56231
|
Benitez v. Garcia
Federal habeas courts may enforce limitations on punishment of extradited fugitive if punishment exceeds that imposed by extraditing country. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
03-56712
|
Hydrick v. Hunter
Where sexually violent predators challenge conditions of confinement, Eleventh Amendment does not bar claim for damages against defendants in their individual capacities. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
05-50000
|
U.S. v. Rios
Conviction for possession of firearm in furtherance of drug crime was improper where firearm was not readily accessible to offender during crime. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
04-56733
|
Mendoza v. Carey
Prisoner's inability to obtain Spanish-language legal materials may entitle him to equitable tolling for his petition for writ of habeas corpus. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
05-15364
|
Little v. Crawford
Habeas corpus petitioner failed to show alleged Nevada Supreme Court's misapplication of law violated his federal constitutional rights. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
S031423
|
People v. Sturm
Death penalty sentence is not proper where cumulative effect of judge's misconduct requires reversal. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
B185265
|
In re Alcox
Attorney's failure to investigate alibi witnesses did not amount to ineffective assistance where accused made incriminating statements concerning guilt. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
G035423
|
People v. Espana
Offender's request to have DNA samples removed from data bank was properly denied in light of amendment to applicable Penal Code provisions. |
Criminal Law and Procedure |
|
Aug. 7, 2006 |