| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-50146
|
U.S. v. Rodriguez-Rodriguez
Sentencing judge misapplied guidelines in determining levels of enhancement of defendant's sentence. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
S133325
|
People v. Tewolde
Aggravating factors resulting in upper-term sentence for defendant should have been found true by jury. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
D044120
|
Brierton v. Department of Motor Vehicles
Circumstances of defendant's driving provided reasonable suspicion for traffic stop and suspension of license. |
Criminal Law and Procedure |
|
Jul. 7, 2005 | |
|
02-10210
|
U. S. v. Callum
Wiretap order need not name authorizing party when it was authorized by empowered official. |
Criminal Law and Procedure |
|
Jul. 6, 2005 | |
|
03-10198
|
Halbert v. Michigan
Michigan court must appoint counsel to defendant applying for leave to appeal following guilty plea. |
Criminal Law and Procedure |
|
Jun. 24, 2005 | |
|
04-563
|
Mayle v. Felix
Untimely habeas claim did not 'relate back' to earlier timely claim that asserted different grounds for relief. |
Criminal Law and Procedure |
|
Jun. 24, 2005 | |
|
04-6432
|
Gonzalez v. Crosby
Motion for relief from habeas judgment is not treated as successive petition if it does not claim state conviction error. |
Criminal Law and Procedure |
|
Jun. 24, 2005 | |
|
02-10168
|
U.S. v. Bradley
Police were entitled to enter private residence without warrant based on concern for child's welfare. |
Criminal Law and Procedure |
|
Jun. 22, 2005 | |
|
A108693
|
Coffey v. Superior Court (People)
Defendant convicted of 'wobbler' offense is not entitled to return of DNA samples. |
Criminal Law and Procedure |
|
Jun. 21, 2005 | |
|
03-10511
|
U.S. v. Bergonzi
Appeal of court's discovery order became moot when intervenor conceded that defendants were entitled to materials. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
04-30040
|
U.S. v. Lincoln
Context of defendant's letter did not amount to 'true threat' against President's life. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
C043152
|
People v. Sumahit
Sexually violent predator who refuses interview may not challenge sufficiency of evidence that he currently lacks ability to control his behavior. |
Criminal Law and Procedure |
|
Jun. 20, 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 |
|
Jun. 20, 2005 | |
|
03-10361
|
U.S. v. Zone
Double jeopardy challenge to successive state and federal prosecutions fails for lack of evidence. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
D044290
|
People v. Potter
Warrantless administrative search under Vehicle Code Section 2805 does not have 'open to public' requirement. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
D044976
|
In re Wright
That evaluator who did not hold doctoral degree in psychology was not qualified to perform secondary evaluation does not invalidate jury verdict. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
03-30365
|
U.S. v. Cayman
Court need not suppress evidence found on hard drive of computer that defendant obtained by fraud. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
C044540
|
People v. Frazier
Jury instruction accurately stated defendant's burden to raise reasonable doubt that marijuana possession was unlawful. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
02-99008
|
Boyde v. Brown
Murderer failed to prove co-conspirator entered into secret plea agreement to incriminate him. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
A106643
|
People v. Burns
Defendant facing commitment as sexually violent predator was not entitled to attorney's presence at psychological interviews. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B170355
|
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B169749
|
People v. Chan
Defendant who made two digit error in reporting his address is guilty of failing to register as a sex offender. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
04-5462
|
Rompilla v. Beard
Defense counsel must review information that prosecution will use to show aggravation, even when defendant suggests that no mitigating evidence exists. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
C045860
|
People v. Wheeler
Forgery of prescription drugs is not crime recognized under Proposition 36. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
A105479
|
People v. Cajina
Prosecutor was entitled to refer to defendant as 'sex offender' in trial for failing to register as sex offender. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
A107291
|
People v. Mitchell
Petition to extend defendant's involuntary commitment that was filed after deadline and without justification need not be dismissed automatically. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B174110
|
People v. Saffold
Proof of service of temporary restraining order is not testimonial statement. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B175517
|
People v. Martin
Treatment for mental disorder administered at county jail before conviction qualifies for mentally disordered offender status. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B170558
|
People v. Martinez
Court that accepts defendant's plea bargain need not be same court that holds probation violation hearing. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
01-56565
|
McNeil v. Middleton
Habeas relief cannot be granted when jury instructional errors regarding reasonableness were non-prejudicial. |
Criminal Law and Procedure |
|
Jun. 20, 2005 |