| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-10501
|
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-3126
|
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-2013 and 00-2014
|
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-1007
|
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-16636
|
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
98-10449
|
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-50773
|
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-16010
|
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-50688
|
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
97-56182
|
Kleve v. Hill
Conviction for conspiracy to commit second degree murder stands despite later case that holds offense does not exist. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-10230
|
U.S. v. Davis
Congress has authority under Commerce Clause to support conviction for possession of firearm. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-5103
|
U.S. v. Julian
Although court was authorized to order restitution, order must be specific regarding costs of future counseling for sexual-abuse victims. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
S071080
|
Thompson v. Dept. of Corrections
Prisoner condemned to death was not entitled to visit with spiritual advisor for extra 20 minutes prior to execution. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-10168
|
U.S. v. Henderson
Violation of statute prohibiting destruction or alteration of government land requires proof of specific intent. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-50131
|
United States v. Verdin
Providing false identity is obstruction of justice warranting sentence enhancement under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-30241
|
U.S. v. Akins
Defendant who did not voluntarily waive right to counsel for domestic violence conviction may not be later indicted for firearms possession. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17968-1
|
State v. Campos
Evidence is sufficient to establish that defendant possessed cocaine with intent to deliver. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17521-9
|
State v. Williamson
Trial court may allow state to exercise peremptory challenge after jury is sworn and first witness has started to testify. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17856-1
|
State v. May
Defendant is entitled to jury instruction on unwitting possession in defense of charge of unlawful possession of a firearm. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-804
|
Cleveland v. United States
Unissued video poker licenses are property under mail fraud statute. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-1030
|
City of Indianapolis v. Edmond
Highway checkpoint program aimed at detecting ordinary criminal wrongdoing creates unreasonable seizure in violation of Fourth Amendment. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17471-9-III
|
State v. Schelin
Defendant's proximity to loaded revolver when police enter home is sufficient to support allegation that defendant was armed with deadly weapon. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17779-3-III
|
State v. Beliz
State's peremptory challenges against female potential jurors is sufficient to show gender bias and merits reversal of conviction. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
25597-9
|
State v. Gardner
Causing disruption on police radio supports conviction for malicious mischief. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
25325-9
|
State v. Clowes
Defective jury instructions constitute reversible error and remedy for defective charging document is dismissal without prejudice. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
B139818
|
People v. Silfa
Because defendant knowingly waived his right to counsel, court committed reversible error in denying his motion to represent himself. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
97-0306
|
State v. Bocharski
In capital cases, defendant must be given opportunity to present mitigation evidence and trial court must consider reasons behind defendant's waiver. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
00-0540
|
State v. Miranda
All elements of disorderly conduct by reckless display of firearm are elements of aggravated assault. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
98-35377
|
Young v. Weston
District court must conduct evidentiary hearing when ruling on whether confinement at mental institution renders state's sexual predator statute punitive. |
Criminal Law and Procedure |
|
May 8, 2001 | |
|
99-50602
|
U.S.. v. Velarde-Gomez
In federal criminal prosecution, prosecutor may elicit testimony and comment on demeanor of arrestee who has not received Miranda warning. |
Criminal Law and Procedure |
|
May 8, 2001 |