| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E029989
|
People v. White
Granting motion to suppress was improper when officer lawfully detained defendant for obscured rear license plate. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
C027664
|
People v. Rhoades
Judge's absence while testimony was read to deliberating jurors did not violate defendant's right to fair trial. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
01-3039
|
U.S. v. Callarman
Traffic stops may properly be based on reasonable articulable suspicion rather than probable cause. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
70435-0
|
Personal Restraint Petition of Stoudmire
Defendant may not withdraw plea of guilty even though plea form failed to inform him of mandatory community placement. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
A093799
|
In re Caswell
Parole board was authorized to rescind parole based on 'some evidence' that earlier panel had improperly granted parole. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
B151539
|
In re Christie
Trial court's statement of reasons for setting bail at 10 times amount specified in bail schedule must state specific grounds for decision. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
01-5016
|
U.S. v. Basham
Search warrant is valid despite issuing magistrate's failure to inquire what method will be employed when executing warrant. |
Criminal Law and Procedure |
|
Dec. 18, 2001 | |
|
00-10407
|
U.S. v. Portillo-Mendoza
Defendant's prior conviction wasn't aggravated felony as defined by federal statute, therefore court erred in applying aggravated felony enhancement. |
Criminal Law and Procedure |
|
Dec. 17, 2001 | |
|
A094022
|
People v. Far West Insurance Co.
Bail of defendant mistakenly released while in custody in different jurisdiction is exonerated. |
Criminal Law and Procedure |
|
Dec. 17, 2001 | |
|
B139753
|
People v. Gofman
State indictment for alleged conspiracy was properly dismissed since factual basis in federal indictment was similar. |
Criminal Law and Procedure |
|
Dec. 17, 2001 | |
|
B148299
|
Justin S., a Minor
Condition of juvenile's probation, which ordered blanket prohibition on association with gang members, is unconstitutionally overbroad. |
Criminal Law and Procedure |
|
Dec. 17, 2001 | |
|
00-1366
|
U.S. v. Mitchell
Applications for wiretaps met the 'necessity requirement' and appellants did not prove denials of motions to suppress were clearly erroneous. |
Criminal Law and Procedure |
|
Dec. 17, 2001 | |
|
00-50543
|
U.S. v. Gonzalez-Torres
Alien's convictions for illegally entering United States must be reversed because he did not enter free from official restraint. |
Criminal Law and Procedure |
|
Dec. 16, 2001 | |
|
00-50458
|
U.S. v. Hernandez-Herrera
Where alien is not under constant surveillance upon crossing U.S. border, there is no official restraint and there is illegal entry. |
Criminal Law and Procedure |
|
Dec. 16, 2001 | |
|
99-50534
|
U.S. v. Blackmon
Application for wiretap fails to survive challenge of specificity due to material misstatements and omissions. |
Criminal Law and Procedure |
|
Dec. 16, 2001 | |
|
00-56285
|
Huizar v. Carey
Habeas petition submitted to prison authorities for mailing is timely even though court never received it. |
Criminal Law and Procedure |
|
Dec. 14, 2001 | |
|
00-1442
|
US v. DeLuca
To suppress evidence, passenger of illegally detained vehicle must show factual nexus between illegality and challenged evidence. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
98-56751
|
James v. Pliler
District court must advise defendant of right to amend habeas petition to delete claims that have not been exhausted in state court. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
00-6337
|
Toles v. Gibson
Court rejects constitutional challenges, where defendant receives two death sentences for murder of father and son. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
01-4035
|
U.S. v. Urcino-Sotello
Court has discretion to impose consecutive or concurrent sentences in cases of supervised release violations. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
00-10396
|
U.S. v. Bushyhead
FBI agent shouldn't have been allowed to testify as to what defendant said when he invoked his right to silence. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
00-4107
|
U.S. v. Walters
Criminal defendant was entitled to ruling on motion for reduced sentence due to victim's conduct. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
97-99031
|
Mayfield v. Woodford
Ineffective assistance of counsel at penalty phase of capital case may have affected jury's decision and warrants new sentencing proceeding. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
01-0251
|
Herreweghe v. State of Arizona
Felony DUI defendant's constitutional and statutory right to a reasonable opportunity to gather exculpatory evanescent evidence doesn't require his immediate release on bail. |
Criminal Law and Procedure |
|
Dec. 12, 2001 | |
|
26258-4
|
State v. Cuble
Conviction for firearms possession reversed because of defective jury instructions. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
00-30182
|
U.S. v. Highsmith
Sentence enhancement for possession of weapon was not justified where evidence was insufficient to prove defendant's knowledge of its presence. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
00-36102
|
Gunderson v. Hood
Bureau of Prisons Program statement may be applied to deny early release to prisoner who participates in drug rehabilitation program. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
70760-0
|
State v. Fisher
Issuance of bench warrant for defendant who violated condition of release does not require showing of probable cause. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
99CA2431
|
People v. Lawrence
Statements made to wildlife officers during non-custodial interview admissible in trial on wildlife destruction charges. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00-17050
|
Thomas v. Hubbard
Several serious trial errors violated defendant's right to due process. |
Criminal Law and Procedure |
|
Dec. 10, 2001 |