| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98CA1944
|
People v. Cardenas
No double jeopardy violation occurs when first trial ended in mistrial with no verdict returned. |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
A091657
|
People v. Dieguez
Jury instruction was valid, counsel wasn't ineffective and defendant who partially committed crime in two counties may be tried in either. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
46874-0-I
|
State v. Brooks
Court errs in imposing Drug Offender Sentencing Alternative sentence by miscalculating the standard range of defendant's sentence. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
19228-8-III
|
State v. Moon
Conviction is reversed because guilty plea based on misinformation is involuntary. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
45228-2-I
|
State v. Valentine
Conviction for assault and attempted murder stemming from same act violates double jeopardy. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
E021991
|
People v. Davis
Evidence of uncharged sexual offenses with minors are properly admitted in a defendant's trial for committing a lewd act upon a child. |
Criminal Law and Procedure |
|
Aug. 31, 2001 | |
|
99-16336
|
Hasan v. Galaza
Habeas petition is not untimely if filed within one year of learning of facts giving rise to the claim. |
Criminal Law and Procedure |
|
Aug. 30, 2001 | |
|
S086220
|
People v. Buckhalter
Convicted third-strike felon may earn custody credits for actual time served while awaiting resentencing, but other credits are unavailable. |
Criminal Law and Procedure |
|
Aug. 29, 2001 | |
|
68672-6
|
State v. Vrieling
Search of motor home defendant was driving was not unconstitutional. |
Criminal Law and Procedure |
|
Aug. 28, 2001 | |
|
19263-6-III
|
State v. Hurt
Defendant's guilty plea was not voluntary where he was unaware of statutory two-year minimum community placement requirement for vehicular manslaughter. |
Criminal Law and Procedure |
|
Aug. 28, 2001 | |
|
25465-4-II
|
State v. Prestegard
Court erred in not allowing defendant to rebut state's case by presenting evidence that sheriff's department habitually lost documents. |
Criminal Law and Procedure |
|
Aug. 28, 2001 | |
|
99-50354
|
U.S. v. Hernandez-Ramirez
Submitting false financial affidavit in order to obtain appointed counsel is sufficiently related to prosecution of offense to support upward sentencing adjustment. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
S076262
|
People v. Williams
Order |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
00-30135
|
U.S. v. Pierre
Because court's instructions on self-defense may have misled jury as to burden of proof, error isn't harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
44859-5
|
State v. Timothy K.
Defendant may be convicted of both malicious mischief and malicious harassment based on single incident. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
24879-4
|
State v. Dunn
Although preprinted rights forms did not adequately advise defendants of right to attorney, no harm occurred and evidence should be admitted. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
46044-7
|
Monroe v. State
Trial court did not adopt safeguards to prevent undue emphasis on certain testimony reviewed during jury deliberations. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
00-50303
|
U.S. v. Garrett
Court has jurisdiction to revoke defendant's supervised release after term has expired because revocation warrant predated expiration and delay was reasonably necessary. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-50318
|
United States v. Arias
Sentencing for obstruction of witness testimony is determined by level of crime obstructed, not by guilt on underlying offense. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-8026
|
U.S. v. Reaves
Use of computer images to seduce child into engaging in sexually explicit activity warrants increase in sentence by two levels. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-15974
|
Tillema v. Long
Period for filing federal habeas petition is tolled during pendency of state challenge of judgment regardless of whether same claims are asserted. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-2186
|
U.S. v. Willie
Court properly applies both force and age sentence enhancements where victim of sexual assault is under 12 years old. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-5182
|
U.S. v. Suitor
Evidence supported sentence enhancements for conspiracy leader. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-2195
|
U.S. v. Disney
Threat to DEA agent must have been of immediate harm to justify revocation of defendant's supervised release. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-2286
|
U.S. v. Swanson
Two level sentence enhancement was proper where defendant obstructed justice by fleeing halfway house. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
B138940
|
People v. Turner
Prosecutor's dismissal of jurors from city with substantial black population is 'mere surrogate or proxy' for group bias. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
S087880
|
People v. Martin
Momentary or transitory handling of controlled substance for purpose of disposal is defense to possession charge. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
C034440
|
People v. Pollard
Bail bondsman has no interest in client's property purchased with embezzled funds. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
98-30149
|
State of Idaho v. Horiuchi
FBI agent isn't entitled to dismissal of state criminal proceedings based on immunity when use of deadly force may have been unreasonable. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
99-10491
|
U.S. v. Sesma-Hernandez
When revoking probation, court must make sufficient findings on record to identify violation and evidence supporting it. |
Criminal Law and Procedure |
|
Aug. 23, 2001 |