| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A103896
|
People v. Dial
Claim seeking order destroying information obtained by post-sentencing DNA test is not cognizable on criminal appeal. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-10078
|
U.S. v. Camacho
Sanctions by military employer and subsequent criminal charges filed against defendant for same theft act do not violate Double Jeopardy Clause. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
03-36038
|
Mujahid v. Daniels
Bureau of Prisons may limit to 470 days good time credit of prisoner serving ten-year sentence. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
03-10485
|
U.S. v. Nakai
Transfer of trial to community with smaller Native American population did not deprive defendant of fair representation of community. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
03-10699
|
U.S. v. Vo
Twelve days during which detention motion was pending are excludable for speedy trial calculation although they did not result in pretrial delay. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
F045368
|
People v. Ferris
State does not bear burden of proving defendant's sanity beyond reasonable doubt. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
D044321
|
People v. Zavala
Court need not give unanimity instruction in stalking case. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
C047634
|
Placer v. Superior Court (Stoner)
Trial court has authority to allow probationer to inspect nonconfidential portions of probation file. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
C044621
|
People v. Gomez
Subjective intent of police offer conducting search of probationer's home is irrelevant to lawfulness of search. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
C045429
|
People v. Shelmire
Defendant is entitled to jury instruction only when defense theory is supported by substantial evidence. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
G034007
|
People v. Aegis Security Insurance Co.
Premature entry of judgment against bail bond surety did not result in loss of court's jurisdiction over matter. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
S019697
|
People v. Ward
Defendant's 'Wheeler/Batson' challenge to prosecutor's use of peremptory challenges was invalid and death penalty is upheld. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
02-36164
|
Schardt v. Payne
Rule of 'Blakely v. Washington' does not apply retroactively to convictions that became final before its publication. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
E035829
|
People v. Thomas
Gang expert's hearsay conversations with gang members who identified defendant were admissible. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-30131
|
U.S. v. Romo
Admission defendant made to licensed counselor outside of therapy is not privileged. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-10184
|
U.S. v. Cortez-Arias
State conviction for shooting at inhabited dwelling is 'crime of violence' under federal sentencing law. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-30196
|
U.S. v. Hermoso-Garcia
Defendant will be resentenced because Federal Sentencing Guidelines are no longer mandatory. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-55775
|
Tan v. Runnels
Prosecutor may tell of murder victim's escape from Khmer Rouge after wife's death to support theory that he died protecting locket memorializing her. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
02-50495
|
U.S. v. Bussell
Defendant was not entitled to have jury informed that co-defendant died during deliberations. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
01-99018
|
Belmontes v. Brown
Instructional error prevented jury from considering constitutionally relevant mitigating evidence in favor of petitioner. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-30197
|
U.S. v. Beaudion
'Brandishing' and 'use' of firearm are separate and unambiguous terms for sentencing purposes. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
03-17256
|
Sims v. Rowland
Trial court need not hold sua sponte evidentiary hearing to determine whether jurors' fear of defendant influenced guilty verdict. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-10158
|
U.S. v. Kaczynski
Government must dispose of Unabomber's writings in manner that maximizes return to victims and families. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-99000
|
Silva v. Brown
Prosecutor's failure to disclose details of deal with chief witness requires reversal of defendant's murder conviction. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-35360
|
U.S. v. One Sentinel Arms Striker
Bureau of Alcohol, Tobacco and Firearms may classify specific shotgun as destructive device. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
03-30285
|
U.S. v. Rodriguez-Preciado
Failure to readminister Miranda warnings on second day of interrogation does not automatically render statements inadmissible. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-10576
|
U.S. v. Austin
Interlocutory order permitting disclosure of communications between co-defendants is not immediately appealable. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-30134
|
U.S. v. Stafford
Weapons seized from justified warrantless search of home are admissible under plain view exception. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
03-15609
|
U.S. v. Ware
Prosecutor presented sufficient evidence of banks' federally-insured status at time of robberies. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
E036144
|
People v. Dickens
Insufficient evidence of specific intent to kill requires new trial for attempted murder. |
Criminal Law and Procedure |
|
Oct. 4, 2005 |