| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-10276
|
U.S. v. Mendoza
Defendant who sold false documents to illegal immigrants may have his sentence enhanced for preying on especially vulnerable victims. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA1735
|
People v. Frank
Trial court required to hold hearing to determine whether an inmate is entitled to earned-time credit. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA2166
|
People v. Koehler
Defendant does not have constitutional right to be sentenced by same judge who accepted his plea. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
97CA2225
|
People v. Blankenship
Juvenile's statements to police admissible even though made outside presence of parent where juvenile was runaway. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA1203
|
People v. Stephenson
Colorado does not recognize crime of 'attempted felony murder.' |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA0436
|
People v. Johnson
Conviction of criminal impersonation does not require act in addition to assumption of false identity. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
96CA0840
|
People v. Kenny
Attorney's suspension from practice of law does not necessarily amount to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA1973
|
People v. Ramirez
Testimony of child witness that included inconsistencies was not 'incredible' as a matter of law. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA2614
|
People v. Ellis
Firing weapon into crowded house constitutes 'universal malice' for purposes of 'attempted extreme indifference murder.' |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA0851
|
People v. Jurado
Improper jury instruction did not warrant reversal of conviction of sexual assault. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA2352
|
People v. Davalos
Restitution can only be ordered for acts that take place within the applicable statute of limitations. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-17319
|
Dubner v. City of San Francisco
Although identity of arresting officer remains unknown, claim for unlawful arrest based on lack of probable cause will go forward. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-7078
|
U.S. v. Price
Informant's out-of-court statements were admissible because defendant procured witness' unavailability. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-8092
|
Engberg v. State of Wyoming
Habeas petitioner's claims of error don't warrant federal habeas relief and his ineffective assistance of counsel claims are procedurally barred. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-50328
|
U.S. v. Orso
Confession is admissible even though it was made immediately following statements made without 'Miranda' warning. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-10120
|
U.S. v. Lomow
Among other things, in ordering restitution, court errs in refusing to offset assets and payments made to victim by other parties. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-35422
|
Martinez v. Klauser
Petition for habeas relief may proceed because of unclear state procedural rule. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-35640
|
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-30263
|
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-10272
|
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-50371
|
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-15432
|
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
99-30219
|
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
G028277
|
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
E027539
|
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
24495-1
|
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
H018805
|
People v. Lugas
Statutory amendment making issuance of certificate of rehabilitation discretionary, rather than mandatory, isn't ex post facto law. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
25652-5
|
State v. Bernal
Charge of homicide by controlled substance dismissed because state failed to show that victim died after ingesting drugs delivered by defendant. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
47092-2
|
State v. Osalde
Victim's testimony of psychological abuse adequately supports exceptional sentence for domestic violence involving prolonged pattern of abuse. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
99-4046
|
U.S. v. Macias
Order |
Criminal Law and Procedure |
|
Nov. 15, 2001 |