| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-35152
|
Alvarado v. Hill
Oregon law requiring 17-year old to be tried as adult for robbery is constitutional. |
Criminal Law and Procedure |
|
Jul. 25, 2001 | |
|
S085899
|
Albertson v. Superior Court( People of State of California)
District Attorney's request to update evaluations for defendant's trial under Sexually Violent Predator Act is controlled by newly enacted amendments to Act. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
00-35275
|
Grassi v. Hood
Court errs in granting petition for early release when offense is not considered nonviolent and is therefore, categorically excluded from early release provision. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
00-15034
|
Patterson v. Stewart
Federal habeas petition is timely when credited with statutory tolling under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
97-50588
|
U.S. v. Arlt
Defendant who engaged in single drug conspiracy may be convicted simultaneously under two criminal statutes. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
00-50220
|
U.S. v. Hernandez
Court provided sufficient notice of its intent to depart upward at sentencing when it explained its factual and legal reasons to defendant. |
Criminal Law and Procedure |
|
Jul. 24, 2001 | |
|
S081934
|
People v. Garcia
Among other things, defendant must have actual knowledge of sex offender registration requirement in order to violate statute. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
00-0444
|
State v. Thompson
Sentence enhancements for 'historical prior felony conviction' is proper when convictions on drug offenses preceded theft conviction. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
99-0852
|
State v. Garcia
Court abused its discretion by failing to consider prejudice to defendant before allowing evidence relating to uncharged acts of child molestation. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
98-0289
|
State v. Harrod
Conviction and death sentence for premeditated murder and felony murder are affirmed because there were no evidentiary errors. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
98-0376
|
State v. Pandeli
Court affirms petitioner's challenge to death sentence when among other things, mitigation is insufficient to reduce sentence. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
00-0495
|
State v. Tschilar
Defendant convicted of kidnapping was not entitled to have jury consider that he voluntarily released victims unharmed. |
Criminal Law and Procedure |
|
Jul. 23, 2001 | |
|
24200-1-II
|
State v. Kilgore
Court erred in suppressing evidence of child victim's past sexual abuse. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
19475-2-III
|
State v. Morgan
State may seek 10 year extension to execute judgment ordering restitution from criminal defendant. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
68112-1
|
State v. Stein
Jury instructions were unconstitutional because they did not require jurors to find all elements of crime before rendering conviction. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25322-4-II
|
State v. Marko
Jury instruction describing various types of threats defines elements of crime and does not create new ones. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25449-2-II
|
State v. Magneson
Defendant that was guest in home has automatic standing to challenge search and seizure. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25215-5
|
State v. A.K.B., A Minor
Juvenile court may not require restitution if amount was not set before conclusion of deferral period. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
25493-0-II
|
State v. Lake
State breached plea agreement when it failed to recommend sexual offender treatment program for defendant as agreed to in plea. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
46191-5
|
State v. McClarney
Criminal defendant did not deserve reduced sentence because he demonstrated exceptional remorse during trial. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
44464-6
|
State v. Francisco
Defendant cannot challenge fruits of search when he lacked legitimate expectation of privacy in mother's home. |
Criminal Law and Procedure |
|
Jul. 22, 2001 | |
|
B123823
|
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.' |
Criminal Law and Procedure |
|
Jul. 20, 2001 | |
|
A090565
|
People v. Brewer
Court may order DNA and saliva samples based on defendant's prior conviction for sexual assault. |
Criminal Law and Procedure |
|
Jul. 19, 2001 | |
|
S090791
|
People v. Mitchell
Defendant cannot be punished twice for different convictions arising from same criminal acts; convictions from same conduct can be treated as separate 'strike.' |
Criminal Law and Procedure |
|
Jul. 19, 2001 | |
|
99-3379
|
U.S. v. Tisdale
Police had probable cause to search vehicle when defendant is found with gunshot wound after asking neighbor to hide weapon and cocaine. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
00-6187
|
U.S. v. Arney
Conviction affirmed because instructions to deadlocked jury were not coercive and evidence was not improperly admitted or excluded. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
99-1475
|
U.S. v. Jackson
Federal kidnapping statute, 18 U.S.C. Section 1201(a)(5), is general intent crime. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
00-50245
|
U.S. v. Johansson
Defendant's due process rights were not violated where sentence was enhanced within statutory guidelines for conviction of conspiracy to make false statements. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
00-10149
|
U.S. v. Hawkins
Air force base regulations requiring vehicles entering or leaving base to stop for inspection don't violate right to privacy. |
Criminal Law and Procedure |
|
Jul. 18, 2001 | |
|
99-35888
|
Tamalini v. Stewart
Convicted defendant has no Sixth Amendment rights on appeal, including qualified right to choice of counsel. |
Criminal Law and Procedure |
|
Jul. 18, 2001 |