| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-35133
|
Herbst v. Cook
Federal habeas petitioner is entitled to adequate notice and opportunity to respond prior to court's sua sponte dismissal of petition as untimely. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-15026
|
Price v. Turner
When 'Wiretap Act' provides no protection for plaintiff's cordless calls at time defendant intercepted them, court properly grants summary judgment for defendants. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-6374
|
Henderson v. Scott
Amended statute changing dates of parole consideration did not violate ex post facto clause. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-10349
|
U.S. v. Coutchavlis
Sufficient evidence supports disorderly conduct conviction when defendant's actions on public highway recklessly created 'risk of public alarm,' as required by regulation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-1276
|
U.S. v. Eaton
Court affirms conviction and sentence enhancements for possession of unregistered explosive devices. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-10251
|
U.S. v. Hitchcock
No violation of Posse Comitatus Act where 'legitimate military concerns' justify military's involvement in civilian criminal investigation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-55031
|
Fisher v. Roe
Absence of defendants and attorneys during readback of critical testimony in murder trial presents triable issue of due process violation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-55412
|
Dils v. Small
Court lacks jurisdiction to consider habeas petition filed after one-year deadline. |
Criminal Law and Procedure |
|
Oct. 29, 2001 | |
|
00-30335
|
U.S. v. Barragan
Sufficient evidence supported conviction for drug distribution conspiracy and money laundering. |
Criminal Law and Procedure |
|
Oct. 29, 2001 | |
|
99-16186
|
Gunn v. Ignacio
Prosecutor's breach of plea agreement entitles defendant to new sentencing hearing. |
Criminal Law and Procedure |
|
Oct. 29, 2001 | |
|
00-30145
|
U.S. v. Elias
With the exception of payment of restitution, defendant's conviction and sentence for Resource Conservation and Recovery Act is upheld. |
Criminal Law and Procedure |
|
Oct. 28, 2001 | |
|
99-50602
|
U.S. v. Velarde-Gomez
District court erred in admitting government's evidence of defendant's lack of physical or emotional reaction, which was tantamount to evidence of silence. |
Criminal Law and Procedure |
|
Oct. 28, 2001 | |
|
00-0439
|
State v. Thompson
Statute that defines "pre-meditation" for first-degree murder is unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 25, 2001 | |
|
A079252
|
People v. Simon
Failure to object to venue at preliminary hearing is a waiver because it's a factual issue for a magistrate. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
E024710
|
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
B114681
|
People v. Jones
Sex crimes against same victim, where parties change positions but not locations, constitute 'separate occasion' under one-strike law. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
E023001
|
People v. Slayton
Car theft and burglary are closely related crimes which require that counsel for car theft charge be present before defendant is questioned on burglary charge. |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
S066991
|
People v. Sanchez
Order |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
S072071
|
People v. Jones
Review granted |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
C024654
|
People v. McCoy
Imperfect self-defense theory requires objective rather than subjective standard. |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
A081424
|
People v. Hightower
Trial court may conduct reasonable investigation into claim of jury misconduct even if inquiry involves disclosure of statement made during deliberations. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S086456
|
People v. Hightower
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S075171
|
In re Du
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
A074986
|
People v. Metters
Dismissal of sole holdout juror for not guilty verdict does not violate defendant's fair trial rights. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
B110130 and B118572
|
In re Cox
In involuntary manslaughter, when underlying misdemeanor is committed with criminal intent, dangerousness of act is irrelevant. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S085218
|
People v. Hinger
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
S086153
|
People v. Slayton
Order |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
99CA1871
|
People v. Jensen
Hearsay statements admissible in murder trial where there was sufficient evidence of reliability. |
Criminal Law and Procedure |
|
Oct. 22, 2001 | |
|
00-2018
|
U.S. v. Combs
Defendants' various challenges to conviction and sentence are without merit. |
Criminal Law and Procedure |
|
Oct. 21, 2001 | |
|
99-36000
|
Sistrunk v. Armenakis
Habeus petition of convicted child rapist fails to withstand 'Schlup gateway' challenge. |
Criminal Law and Procedure |
|
Oct. 21, 2001 |