| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-30000
|
U.S. v. Rosacker
Sentence for drug offense that was based on unreliable police laboratory report must be recalculated. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-15483
|
U.S. v. Thiele
Claim for relief from restitution order may not be brought in 28 U.S.C. Section 2255 motion. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-55290
|
Bradley v. Duncan
Trial court's refusal to instruct jury on defense of entrapment violated defendant's due process rights. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-50155
|
U.S. v. Hernandez
Border agents had probable cause to arrest passenger in rear seat of vehicle containing drugs. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-50140
|
U.S. v. Colin
Driver who touches lane divider for several seconds does not create reasonable suspicion of land straddling. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-10105
|
U.S. v. Mendoza-Prado
Defendant was not entrapped into committing two drug-related offenses. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-30362
|
U. S. v. Vesikuru
Anticipatory search warrant was valid because it adequately incorporated supporting affidavit establishing probable cause and articulated conditions precedent to warrant's execution. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-50053
|
U.S. v. Gorman
Police who enter third party's home to execute arrest warrant must have probable cause to believe suspect is present. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-56239
|
Parrish v. Small
Court must determine whether shackling of prisoner during trial was prejudicial. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-10069
|
U.S. v. Pena
Where court never explained nature of charges against defendant, plea colloquy failed to comply with Federal Rule of Criminal Procedure 11. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-50164
|
U.S. v. Ramirez-Lopez
Government's removal of witnesses before defense counsel could interview them does not indicate bad faith or prejudice to the defendant. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-50087
|
U.S. v. Enslin
Police search of bedroom based on consent of resident with apparent authority was lawful. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
00-30161
|
U.S. v. Severino
Information which correctly alleged prior conviction but alleged it occurred in wrong state gave defendant sufficient notice under 21 U.S.C. Section 851. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
00-16994
|
Harrison v. Lockyer
Prisoner who was limited to five years' worth of police records in discovery proceeding was not denied due process. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-10106
|
U.S. v. Dominguez
Defendant has burden of proving prior conviction used for later sentence was unconstitutional. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-99004
|
Douglas v. Woodford
Counsel's failure to adequately investigate defendant's social history and mental health was prejudicial during penalty phase. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-30279
|
U.S. v. Thompson
Downward departure in sentencing improperly relied upon 'heartland' conclusion. |
Criminal Law and Procedure |
|
Mar. 20, 2003 | |
|
00-56770
|
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination. |
Criminal Law and Procedure |
|
Mar. 20, 2003 | |
|
01-10260
|
U.S. v. Ivester
Questioning of jurors at mid-trial outside presence of spectators did not violate defendant's right to public trial. |
Criminal Law and Procedure |
|
Mar. 20, 2003 | |
|
02-30075
|
U.S. v. Elliott
Police officers did not intentionally or recklessly omit or make false statements in search warrant affidavit. |
Criminal Law and Procedure |
|
Mar. 18, 2003 | |
|
02-10296
|
U.S. v. Nostratis
Defendant claiming he did not understand English may not withdraw his guilty plea. |
Criminal Law and Procedure |
|
Mar. 18, 2003 | |
|
01-10737
|
U.S. v. Gregory
Despite government's negligent delay in bringing superseding indictment, defendant failed to show prejudice attributable to delay. |
Criminal Law and Procedure |
|
Mar. 18, 2003 | |
|
C031302
|
People v. Barnum
Trial conducted in prison doesn't establish trial was unfair and court need not advise self-represented defendant of right not to testify. |
Criminal Law and Procedure |
|
Mar. 17, 2003 | |
|
01-1500
|
Clay v. United States
One-year limitation period under 28 U.S.C. Section 2255 starts when time expires for filing petition for certiorari contesting appellate court's decision. |
Criminal Law and Procedure |
|
Mar. 11, 2003 | |
|
01-1231
|
Connecticut Dept. of Public Safety v. Doe
Law requiring registration of convicted sexual offenders does not violate procedural due process. |
Criminal Law and Procedure |
|
Mar. 11, 2003 | |
|
01-6978
|
Ewing v. California
Sentence resulting from Three Strikes Law is not grossly disproportionate and does not violate Eighth Amendment. |
Criminal Law and Procedure |
|
Mar. 11, 2003 | |
|
01-1127
|
Lockyer v. Andrade
Appellate court did not unreasonably apply clearly established law by affirming defendant's sentence under California's Three Strikes Law for petty theft conviction. |
Criminal Law and Procedure |
|
Mar. 11, 2003 | |
|
01-729
|
Smith v. Doe
Because Alaska Sex Offender Registration Act is nonpunitive, its retroactive application does not violate prohibition of ex post facto laws. |
Criminal Law and Procedure |
|
Mar. 11, 2003 | |
|
01-50633
|
U.S. v. Crawford
Parole search conducted solely to elicit information about prior crime was unconstitutional. |
Criminal Law and Procedure |
|
Mar. 11, 2003 | |
|
01-1118
|
Scheidler v. National Organization for Women Inc.
Anti-abortion groups did not commit extortion under Hobbs Act. |
Criminal Law and Procedure |
|
Mar. 10, 2003 |