| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
25510-3-II
|
State v. Leavitt
Court's failure to inform defendant of details of firearm-possession prohibition violated defendant's due process rights regarding subsequent possession convictions. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
19322-5-III
|
State v. Scherz
Threatened use of deadly weapon unaccompanied by physical manifestation of presence of weapon is second-degree robbery. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
24802-6-II
|
State v. Johnston
Evidence obtained from warrantless search of arrestee's car should have been suppressed because no warrant requirement exception applied. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
25242-2-II
|
State v. Spandel
Trial court doesn't err in imposing firearm and nonfirearm deadly weapon sentencing enhancements consecutively. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
26150-2-II
|
State v. Summers
Defendant's challenge to jury instructions, charging information, sufficiency of the evidence, and his ineffective assistance of counsel claim all fail. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
17721-1-III
|
State v. Munguia
Court made proper evidentiary rulings, no prosecutorial misconduct occurred and selective prosecution claim cannot first be raised on appeal. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
69876-7
|
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
18874-4-III
|
State v. Morreira
Sentence improperly took into account facts establishing more serious crime. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
19347-1-III
|
State v. Bosio
Where State fails to prove blood sample was preserved, conviction for vehicular assault must be reversed. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
|
B118891
|
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile. |
Criminal Law and Procedure |
|
Aug. 3, 2001 | |
|
D034948
|
People v. Weise
Police may enter residence when loud music played for 24 hours led to concern that inhabitants were in danger. |
Criminal Law and Procedure |
|
Aug. 2, 2001 | |
|
98CA0890
|
People v. Waddell
Second degree burglary conviction improper where defendant did not unlawfully enter residence. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA1048
|
People v. Lesslie
Defense of execution of public duty not available to deputy sheriff accused of illegal eavesdropping. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA0576
|
People v. Richards
Conviction for providing false information to pawnbroker upheld. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA0668
|
People v. Williams
No due process violation where defendant requested jury instruction on lesser non-included offenses. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA1582
|
People v. Barnum
Hearsay statement is inadmissible without showing declarant is unavailable. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
99CA2349
|
People v. Boyd
Mandatory parole statute is rationally related to legitimate governmental interest. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
B144625
|
Thompson v. Superior Court (People)
California law does not require proof of prior three strikes convictions at preliminary hearing. |
Criminal Law and Procedure |
|
Jul. 31, 2001 | |
|
98CA1517
|
People v. Gay
Statements of defendant must be voluntary to be used even for impeachment purposes. |
Criminal Law and Procedure |
|
Jul. 30, 2001 | |
|
99CA1325
|
People v. Martinez
Advisement of prospective jurors of possible death penalty did not deprive defendant of fair and impartial trial.Colorado Court of Appeals. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
19373-0-III
|
State v. Lopez
Because defense counsel didn't challenge state's failure to prove defendant had previous serious conviction, defendant's unlawful possession of firearm conviction is reversed. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
70213-6
|
State v. Reynolds
Defendant failed to prove involuntarily abandonment of property where he did not show substantial nexus between abandonment and alleged illegal police conduct. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
66693-8
|
State v. Marshall
Where defendant moves to withdraw guilty plea with evidence that he was incompetent, court must either grant motion or convene competency hearing. |
Criminal Law and Procedure |
|
Jul. 29, 2001 | |
|
B126748
|
People v. Toledo
Victim need neither hear threat nor have sustained fear for accused to be guilty of attempted terrorist threat. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
00-30191
|
United States v. Morales
Anonymous tip was not reliable enough to establish reasonable suspicion that defendant was engaged in criminal activity. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
99-35516
|
Mak v. FBI
Without proper demand from state court, FBI does not have to disclose identities of informants to capital defendant. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
S079744
|
People v. Ansell
State law denying 'certificates of rehabilitation' to convicted child molesters enacted after crime was committed does not violate ex post facto principles. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
00-8055
|
US v. Browning
Police had probable cause to stop defendant and his incriminating statements to DEA agents weren't inadmissible as statements made during plea negotiations. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
S083305
|
People v. Cheek
At show cause hearing, defendant committed as sexually violent predator has right to present oral testimony, call witnesses and cross-examine State's witnesses. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
99-10219
|
United States v Steffen
Inducing another to cross state lines to fraudulently deliver money is travel fraud, even if money did not belong to person defrauded. |
Criminal Law and Procedure |
|
Jul. 25, 2001 |