| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-30296
|
U.S. v. Gill
In determining drug quantity for sentencing purposes, court should have used preponderance-of-evidence standard. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
99-10336
|
U.S. v. Mills
Statement that defendant was 'probably an old hippie' who smoked marijuana from juror who was neighbor of defendant wasn't prejudicial. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
97-99017
|
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-30411
|
U. S. v. Male Juvenile (Pierre Y.)
Federal district court had criminal jurisdiction over Native American juvenile adjudged juvenile delinquent for committing burglaries. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
S014497
|
People v. Lawley
Death-row inmate's sentence was improper as to conspiracy count since sentence already imposed for murder. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
S085224
|
Marks v. Superior Court (People)
In death penalty cases, although habeas corpus counsel may make suggestions, appellate counsel has ultimate control of record correction process. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-50656
|
U.S. v. Watkins
Misbranding liability under Food, Drug, and Cosmetic Act requires proof of materiality under theories of intent to defraud or mislead. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-10443
|
U.S. v. Martin
Leadership enhancement applied to money laundering and mail fraud does not qualify as 'impermissible double counting.' |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
99-15225
|
Robinson v. Solano County
Police officers are immune from federal claim they used excessive force in seizing at gunpoint unarmed man suspected of shooting dogs. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
99-50700
|
U.S. v. Khatami
'Corruptly persuades' language of statute encompasses non-coercive attempt to tamper with prospective witnesses. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
B135755
|
People v. Willis
Court's failure to reseat new jury panel after finding defendant used peremptory challenges in racially biased manner constitutes prejudicial error. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
01-0153
|
State v. Rosas-Hernandez
Witness may invoke right against self-incrimination while petition for post-conviction relief is pending. |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
01-0280
|
Arizona v. Flores
Without defendant's suppressed statements, there exists a lack of corpus delecti to maintain charge of narcotics sale |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
B153002
|
City of Los Angeles v. Superior Court (Davenport)
Whether defendant has shown good cause in 'Pitchess' motion should be tested by adversarial proceedings whenever possible. |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
C032547
|
People v. Hargrove
Trial court does not err in its instructions on prosecutor's theories of first-degree murder. |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
S097222
|
People v. Crossdale
Whether first-time offense for obtaining telephone services by fraud is felony or misdemeanor doesn't depend upon value of services stolen. |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
S094710
|
People v. Anderson
Order |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
S099260
|
People v. Cochran
Order |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
00-9285
|
Mickens v. Taylor
Burden is upon defendant to show adverse performance of attorney where trial court failed to make reasonable inquiries regarding attorney's conflict of interest. |
Criminal Law and Procedure |
|
Apr. 1, 2002 | |
|
00CA2028
|
People v. White
Conviction for illegal discharge of firearm into car did not require that occupants of car be endangered. |
Criminal Law and Procedure |
|
Mar. 28, 2002 | |
|
00-30365
|
U.S. v. Valencia-Amezcua
Defendant found blocking hidden drug lab in residence of known drug trafficker was lawfully arrested. |
Criminal Law and Procedure |
|
Mar. 26, 2002 | |
|
B137926
|
People v. Diaz
Substantial evidence supported juror's removal for refusing to deliberate. |
Criminal Law and Procedure |
|
Mar. 26, 2002 | |
|
B140904
|
People v. Lee
When statement identifying defendant as killer, is product of police coercion, it is prejudicial error to admit it. |
Criminal Law and Procedure |
|
Mar. 26, 2002 | |
|
98-10499
|
U.S. v. Matthews
Circuit court will not limit district court's discretion to consider additional evidence when defendant's case is remanded for resentencing. |
Criminal Law and Procedure |
|
Mar. 26, 2002 | |
|
00-35897
|
Peterson v. Lampert
Prisoner who failed to raise habeas issue in state supreme court defaulted claim in federal court. |
Criminal Law and Procedure |
|
Mar. 26, 2002 | |
|
01SC249
|
Rodden v. Colorado State Penitentiary
County court shouldn't have conditioned appeal by indigent defendant on posting of cost bond. |
Criminal Law and Procedure |
|
Mar. 25, 2002 | |
|
00-30360
|
U.S. v. Patzer
Evidence obtained after unlawful arrest, including verbal admissions and physical evidence from vehicle, should have been suppressed. |
Criminal Law and Procedure |
|
Mar. 25, 2002 | |
|
01-10366
|
U.S. v. Gomez-Gonzalez
Incarceration imposed resulting from parole violation need not be submitted to a jury to satisfy 'Apprendi.' |
Criminal Law and Procedure |
|
Mar. 25, 2002 | |
|
01-30027
|
U.S. v. Lincoln
Defendant convicted of stealing money orders may be required to pay restitution to U.S. Post Office. |
Criminal Law and Procedure |
|
Mar. 25, 2002 | |
|
00-16591
|
Corjasso v. Ayers
Habeas petitioner is entitled to equitable tolling of statute of limitations where district court mishandled petition. |
Criminal Law and Procedure |
|
Mar. 25, 2002 |