| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-15300
|
Stuard v. Stewart
Defendant's right to competent counsel was not violated because he voluntarily chose to proceed to immediate trial. |
Criminal Law and Procedure |
|
Jul. 26, 2005 | |
|
03-10226
|
U.S. v. Kranovich
County Sheriff's conviction for theft of funds from federally funded program is upheld. |
Criminal Law and Procedure |
|
Jul. 26, 2005 | |
|
04-30104
|
U.S. v. Gunning
Defendant is entitled to allocution after remand for consideration of whether he should receive downward departure. |
Criminal Law and Procedure |
|
Jul. 26, 2005 | |
|
04-30216
|
U.S. v. Houston
Government need not show that doctor who prescribed methadone could have foreseen that it would cause death. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-10193
|
U.S. v. Kimbrew
Sentence enhancement for being in business of receiving and selling stolen property applies only to fences. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-30098
|
U.S. v. Martinez
Domestic disturbance constitutes emergency sufficient to justify warrantless entry into home. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-56836
|
Marshall v. Taylor
Defendant's request to represent himself on the morning of his trial is untimely. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-30126
|
U.S. v. Bichsel
Actual notice is sufficient to meet conspicuous posting requirement of 40 U.S.C. Section 1315. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
05-15042
|
Beardslee v. Woodford
Death row inmate's last-minute challenge to lethal injection protocol is rejected. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-30513
|
U.S. v. Omer
Indictment's failure to recite essential element of bank fraud is fatal flaw requiring dismissal. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-56326
|
Cooks v. Newland
Defendant's wish to represent himself in one of two robbery trials does not prevent consolidation of trials. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-35937
|
Rose v. Palmateer
Petitioner cannot raise new Fifth Amendment ineffective assistance of counsel claim that was previously reviewed in state court. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-30334
|
U.S. v. Antelope
Sex offender undergoing treatment cannot be compelled to detail sexual history that could be used for future prosecutions. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-30172
|
U.S. v. Garcia
Newly-discovered evidence was 'fair and just reason' for withdrawal of guilty plea. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-35169
|
Fields v. Waddington
State court's review of claim using federal principles does not transform claim into federal constitutional claim. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-10439
|
U.S. v. Ogles
Firearms license issued to dealer is location-specific except for temporary sales locations. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-16573
|
Cassett v. Stewart
Federal court may deny unexhausted habeas petition on merits only when it is perfectly clear that no colorable federal claim is raised. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-10009
|
U.S. v. Cardenas
Defendant who waived appeal in plea agreement cannot appeal finding of ineligibility for safety valve relief. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-10551
|
U.S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-10080
|
U.S. v. Luong
Defendant acquitted of RICO charges may be subsequently charged under Hobbs Act. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
02-17150
|
Grotemeyer v. Hickman
No juror misconduct occurred when jury foreman drew on her medical experience to form her opinions. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
A099250
|
People v. Noel
Defendant convicted of second-degree murder after her dog mauled neighbor is not entitled to retrial. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
03-35081
|
Lambert v. Blodgett
In evaluating habeas corpus petition, district court erroneously disregarded state courts' factual findings and conclusions of law. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
03-17098
|
Boyd v. Newland
State court did not violate clearly established federal law by using nonjury juvenile adjudication to enhance sentence. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
03-35187
|
Docken v. Chase
Petitioner's challenge to timing of parole review was properly cognizable under federal habeas statute. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
B176343
|
Fuller v. Superior Court (People)
Assigning petitions for writs of habeas corpus to trial court judge whose ruling is subject of petition is improper. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
S119294
|
People v. Lopez
Gang member sentenced to 25 years to life for murder cannot receive 10-year gang enhancement. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
04-5286
|
Dodd v. U.S.
Defendant's motion to set aside conviction was filed after one-year limitations period expired. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
03-10322
|
U.S. v. Gordon
District court correctly calculated defendant's restitution obligation based on 'date of loss.' |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
03-30470
|
U.S. v. Beck
Prior to line-up, eyewitness's recollection may be refreshed through photographs of actual crime. |
Criminal Law and Procedure |
|
Jul. 11, 2005 |