| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S102965
|
People v. Holmes
In accepting defendant's plea, trial court must garner information regarding factual basis either from defendant or counsel. |
Criminal Law and Procedure |
|
Jul. 1, 2004 | |
|
B167361
|
People v. Johnson
Trial court's amplification to jury about reasonable doubt requires retrial. |
Criminal Law and Procedure |
|
Jul. 1, 2004 | |
|
02-10285
|
State of Arizona v. Johnson
Court did not abuse its discretion in sexual assualt case when it answered question from jury during deliberations. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
02-50415
|
U.S. v. Diaz-Cardenas
Defendant convicted of importing drugs was not entitled to benefit of new sentencing law. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
01-56958
|
Collins v. Rice
Court rejects state's argument that peremptory challenges were race neutral in drug possession case. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
02-10530
|
U.S. v. Grajeda-Ramirez
Violation of Colorado reckless vehicular assault statute is considered 'crime of violence' for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
02-30022
|
U.S. v. Wenner
Court rules that Washington residential burglary is not crime of violence warranting sentence enhancement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-10422
|
U.S. v. Friedman
Defendant's involuntary commitment to custody of Attorney General is warranted based on finding of mental illness. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-55936
|
Bartlett v. Alameida
State must prove that convicted sex offender knew or probably knew of his lifelong duty to register as sex offender. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-55560
|
Taylor v. Maddox
Teenage defendant's confession is inadmissible because police did not abide by his requests for attorney. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-50062
|
U.S. v. Plancarte-Alvarez
Evidence of defendant's prior acts involving drug smuggling are admissible to support purposeful and repetitive conduct. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-10386
|
U.S. v. Kovac
Statement in pretrial sentence report is not sufficient evidence to designate defendant as career offender. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-50539
|
U.S. v. Brooks
Search of hotel room based on "911" call from adjacent room reporting suspected beating was lawful. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-30216
|
U.S. v. Lynch
Defendant violated Hobbs Act because his unlawful actions had direct effect on interstate commerce. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-10419
|
U.S. v. Benitez-Perez
Defendant's earlier possession for sale conviction is 'drug trafficking' offense justifying 16 level sentencing enhancement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-10298
|
U.S. v. Arellano-Gallegos
District court's failure to ascertain whether defendant's waiver of appeal was knowing and voluntary before acceptance of plea was plain error. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-35972
|
U.S. v. Ratigan
Court's subject matter jurisdiction over bank robbery charge cannot be undemined by insufficient evidence of bank's FDIC insurance status. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-30209
|
U.S. v. Williams
Court improperly required defendant to take psychotropic medication as condition of supervised release. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-30185
|
U.S. v. Christian
Police did not exceed proper scope of investigatory stop by demanding defendant's identification. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-30085
|
U.S. v. Terry-Crespo
911 call had sufficient indicia of reliability to provide police with reasonable articulable suspicion justifying investigatory stop. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-70724
|
Ellis v. U.S. District Court (United States of America)
District court exceeds authority in determining plea should be vacated following its rejection of plea agreement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-50215
|
U.S. v. Medina-Maella
Prior felony conviction for lewd or lascivious acts on child constitutes conviction for 'crime of violence' under federal sentencing guidelines. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-10222
|
U.S. v. Toliver
Jury's inability to determine quantity or type of drugs involved in conspiracy did not entitled defendants to acquittal. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-56666
|
Laws v. Lamarque
One-year deadline to file federal habeas petition may be tolled due to petitioner's mental incompetency. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
02-50445
|
U.S. v. Doe
Court may deny sentence reduction under federal rule based on factors other than defendant's assistance to government. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
02-35374
|
Desyllas v. Bernstine
Official's mere questioning and requests to turn over stolen property did not amount to a violation of appellant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
02-10314
|
U.S. v. Melchor-Zaragoza
Conspiracy to take several hostages is properly treated as separate offenses committed against separate victims for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
B155373
|
In re Young
Second strike inmate is not entitled to 'Heroic Act' credit for saving life of prison employee. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
00-50181
|
U.S. v. Benitez
Failure to inform defendant he could not withdraw guilty plea if court did not accept sentencing recommendation in plea agreement is plain error. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
D035995, D036142 and D036290
|
John L. v. Superior Court (People)
There is no ex post facto violation in applying Proposition 21 to revoke juvenile probation when underlying offense occurred before effective date. |
Criminal Law and Procedure |
|
Jun. 22, 2004 |