| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G027398
|
People v. Chenze
Defendant was properly convicted for battery on custodial officer despite amendment to criminal statute. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
E030590
|
People v. Superior Court (Jefferson)
To be eligible for probation, defendant must be free from prison custody for five years immediately preceding drug offense. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
01-1471
|
U.S. v. Bass
National crime statistics do not justify discovery of government's decisions to seek death penalty. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
25220-1
|
State v. Brightman
Defendant who shot victim when gun went off during fistfight is guilty of second-degree murder. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
27336-5
|
State v. Hickman
Defendant's stipulation to prior convictions was properly included in sentence calculation. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
26180-4
|
State v. Mannering
Defendant convicted of attempted first-degree murder was not entitled to assert defense of duress. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
00CA1789
|
People v. Apodaca
Similar incident evidence is allowed where it was necessary to prove identity of defendant. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
00CA1760
|
People v. Felgar
Jury instruction containing mandatory presumption of knowledge of insufficient funds violated due process. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
01-339
|
Stewart v. Smith
Prisoner who waived right to assert claim in state habeas petition is barred from seeking federal review. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
71221-2
|
State v. Schultz
No-contact order entered at arraignment for domestic violence case remains in effect until sentencing. |
Criminal Law and Procedure |
|
Jul. 5, 2002 | |
|
C037315
|
People v. Turner
Court upholds its prior decision imposing mandatory fees and penalties on defendant. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
G027481
|
People v. Claeys
Police did not violate defendant's Fourth Amendment rights by entering neighbor's yard without permission and observing marijuana plants growing in defendant's backyard. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
D036935
|
In re Brown
State law allowing deferral of parole consideration hearings for five years applies to all murder convictions. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
G026878
|
People v. Edwards
Sentence for nonviolent felony under Three Strikes law is not unconstitutional. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
C039165
|
Parrish v. Superior Court (People)
Taking photographs of unaware minor girls at water park is insufficient to show crime of annoying or molesting children. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
01-309
|
Hope v. Pelzer
Prison guards do not enjoy qualified immunity from civil liability for tying prisoner to hitching post. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
A093287
|
People v. McNeil
Defendant cannot be arrested and searched under city ordinance that is pre-empted by state law. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-35595
|
Greene v. Lambert
Court's exclusion of evidence regarding defendant's 'dissociative identity disorder' violated constitutional right to present compete defense. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-15487
|
Souch v. Schaivo
There is no ex post facto clause violation when trial court uses absolute discretion to impose either consecutive or concurrent sentences. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
00-50607
|
U.S. v. Carranza
Passenger's presence in vehicle carrying commercial quantity of drugs across border is enough to find probable cause for his arrest. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-3154
|
U.S. v. Battle
Defendant who robbed local convenience store is guilty of violating Hobbs Act. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-4179
|
U.S. v. Swenson
District court erred in sentencing defendant to 24 months in prison after second violation of supervised release. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
E021559
|
People v. Parker
Juror who worried about punishment of defendant was properly dismissed for misconduct. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
B149321
|
People v. Craney
State may appeal court's order dismissing criminal case for lack of evidence after jury voted to convict. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
S029384
|
People v. Hillhouse
Court upholds death sentence even though conviction is partially reversed. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
S093476
|
Correa v. Superior Court (People)
Witnesses' Spanish-language statements related to police through bystanders acting as translators are admissible. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-55272
|
Melendez v. Pliler
Prisoner did not default claim that his right to confront witness was violated. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
00-10163
|
U.S. v. Murillo
'Ends of justice' continuance did not violate defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
00-10666
|
Harris v. U.S.
Brandishing firearm is sentencing factor and does not have to be charged in indictment, submitted to jury, and proved beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jun. 30, 2002 | |
|
01-488
|
Ring v. Arizona
Sixth Amendment right to jury trial prohibits judge alone from determining aggravating factors necessary to sentence defendant to death. |
Criminal Law and Procedure |
|
Jun. 30, 2002 |