| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S090666
|
People v. Mooc
Appellate court faced with review of 'Pitchess' motion erred in requiring custodian to produce entire personnel record of officer in question. |
Criminal Law and Procedure |
|
Feb. 14, 2002 | |
|
00-56199
|
Bennett v. Mueller
California Supreme Court's reliance on 'Clark' and 'Robbins' in denying habeas petition constitutes independent and adequate state ground, therefore, petition is procedurally barred. |
Criminal Law and Procedure |
|
Feb. 13, 2002 | |
|
00-50681
|
U.S. v. Ramirez-Martinez
Attempting to transport and actual transport of undocumented alien are separate and distinct crimes, making indictment duplicitous. |
Criminal Law and Procedure |
|
Feb. 13, 2002 | |
|
00-4190
|
U.S. v. Tieu
Jury instructions did not constitute unlawful constructive amendment of indictment for possession of firearm or ammunition. |
Criminal Law and Procedure |
|
Feb. 13, 2002 | |
|
A092699
|
In re Ramirez
Parole board that rejected defendant's application seven times is ordered to conduct another hearing. |
Criminal Law and Procedure |
|
Feb. 13, 2002 | |
|
00-0365
|
State v. Wilkinson
Victims can recover restitution from defendant convicted of contracting without license. |
Criminal Law and Procedure |
|
Feb. 13, 2002 | |
|
99-99028
|
Morris v. Woodford
Jury inquiry about potential deadlock demonstrated that ambiguity within instruction was not clarified. |
Criminal Law and Procedure |
|
Feb. 12, 2002 | |
|
H018367
|
People v. Vigil
Defendant's conviction for violating sex-offender registration law is upheld, but on-bail enhancement sentence must be stayed. |
Criminal Law and Procedure |
|
Feb. 12, 2002 | |
|
B143588
|
People v. Post
Unless deposition transcript is executed by deponent, the crime of perjury is not committed. |
Criminal Law and Procedure |
|
Feb. 12, 2002 | |
|
C036886
|
People v. Smith
Court correctly relies on public defender's representation that it was in defendant's best interest to waive jury trial on issue of competence. |
Criminal Law and Procedure |
|
Feb. 12, 2002 | |
|
01-0290
|
Romley v. The Honorable Barry C. Schneider (Porras-Salazar)
Court order requiring victim to submit to fingerprint testing to identify victim as public defender's former client violates victim's rights. |
Criminal Law and Procedure |
|
Feb. 11, 2002 | |
|
A094853
|
People v. Eng
Administrative search by U.S. Coast Guard was not unreasonable and did not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Feb. 11, 2002 | |
|
99CA0360
|
People v. Witty
Disqualification of district attorney does not violate separation of powers doctrine. |
Criminal Law and Procedure |
|
Feb. 11, 2002 | |
|
S095385
|
People v. Valencia
Order |
Criminal Law and Procedure |
|
Feb. 10, 2002 | |
|
A081424
|
People v. Hightower
Juror who believed it categorically impossible for person to kill his mother was properly replaced. |
Criminal Law and Procedure |
|
Feb. 8, 2002 | |
|
H022919
|
People v. Superior Court (Cheek)
Among other things, Civil Discovery Act applies in Sexually Violent Predator Act proceedings, thus deposition method of discovery is available. |
Criminal Law and Procedure |
|
Feb. 8, 2002 | |
|
A088418
|
People v. Merced
Court does not abuse discretion by excusing potential nullifying juror. |
Criminal Law and Procedure |
|
Feb. 8, 2002 | |
|
01-0117
|
Mendez v. Robertson
Judge should have reviewed de novo peace officer's refusal to release criminal defendant on own recognizance. |
Criminal Law and Procedure |
|
Feb. 6, 2002 | |
|
01-0168
|
Blake v. Schwartz (State of Arizona)
Statute permitting medical director, rather than defendant, to request release hearing is constitutional. |
Criminal Law and Procedure |
|
Feb. 6, 2002 | |
|
00-0569
|
State v. Spreitz
Criminal defendant cannot raise issue of ineffective assistance of counsel on direct appeal. |
Criminal Law and Procedure |
|
Feb. 6, 2002 | |
|
H021621
|
People v. Zichwic
Court didn't err in denying motion to suppress evidence of defendant's location obtained from electronic tracking device attached to truck. |
Criminal Law and Procedure |
|
Feb. 6, 2002 | |
|
00-6456
|
U.S. v. VanMeter
Bribery conviction based on evidence obtained from wiretaps is affirmed. |
Criminal Law and Procedure |
|
Feb. 5, 2002 | |
|
99CA2360
|
People v. Garcia
Mandatory parolee may be convicted of felony escape if he fails to abide by the restrictions of his parole. |
Criminal Law and Procedure |
|
Feb. 4, 2002 | |
|
00-6458
|
U.S. v. Smart
Authorization to wiretap defendant's telephone conversations was valid despite reference to unenumerated offenses. |
Criminal Law and Procedure |
|
Feb. 4, 2002 | |
|
00-4201
|
U.S. v. Caballero
Defendants convicted of defrauding immigrants fail to establish prosecutorial misconduct. |
Criminal Law and Procedure |
|
Feb. 1, 2002 | |
|
00-6254
|
Burleson v. Saffle
Court is asked whether defendant may be convicted of multiple counts of using vehicle to facilitate shooting. |
Criminal Law and Procedure |
|
Feb. 1, 2002 | |
|
01-6105
|
U.S. v. Farrow
Sentencing guideline amendment did not violate ex post facto clause. |
Criminal Law and Procedure |
|
Feb. 1, 2002 | |
|
00-6289
|
Romano v. Gibson
Introducing testimony regarding death sentence prisoner's past sexual abuse of sister at sentencing is not ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Feb. 1, 2002 | |
|
00-35719
|
U.S. V. Schwartz
Under Antiterrorism and Effective Death Penalty Act, 'hypothetical prospect for relief' does not impair the finality of conviction. |
Criminal Law and Procedure |
|
Feb. 1, 2002 | |
|
00-10325
|
U.S. v. Wiseman
Trial produced sufficient evidence that defendants embezzled from company's employee pension benefit plan. |
Criminal Law and Procedure |
|
Feb. 1, 2002 |