| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-1133
|
U.S. v. Scheffer
Military rule of evidence barring polygraph results doesn't violate servicemember's right to present a defense. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
99-99004
|
LaGrand v. Stewart
Eighth Amendment prohibition against cruel and unusual punishment is violated by lethal gas execution. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10411 and 97-10427
|
U.S. v. Mitchell
If main basis for conviction is inadmissible evidence about defendant's poverty, reversal is required. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-56421
|
Rhoden v. Rowland
Unconstitutional shackling of defendant at trial in view of jury is inherently prejudicial. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-10259
|
U.S. v. Forbes
Federal law prohibits the imposition of both probation and straight prison time. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-10270
|
U.S. v. Hock
Resentencing defendant on unchallenged conviction is within trial court's discretion. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10285
|
U.S. v. Flores
Co-conspirator testimony which leads to sentence enhancement isn't barred simply because co-conspirator cooperated in expectation of leniency. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-99032
|
McDowell v. Calderon
District court improperly issues protective order on evidentiary matters when attorney-client privilege is waived by alleging ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10535
|
U.S. v. Corral
District court may not rely on impermissible hearsay to calculate a defendant's sentence. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-50359
|
U.S. v. Washington
On sentencing remand, mandate to recalculate base offense level doesn't preclude district court from including other applicable departures. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-50080
|
U.S. v. Bensimon
Admission of 17-year-old fraud conviction to impeach defendant charged with drug possession requires reversal. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-50235
|
U.S. v. Davoudi
Restitution must be based on fair market value of property at the time the victim had power to dispose of it. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
95-50378
|
U.S. v. Qualls
Jury may convict defendant for possessing any one of seven firearms listed in an indictment. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-36058
|
U.S. v. Barron
Trial court errs in requiring defendant to choose between status quo or elimination of plea on motion to vacate sentence for no factual basis. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
98-50194
|
U.S. v. Mejia-Sanchez
Probation officer doesn't exceed statutory authority by submitting petition to revoke defendant's supervised release to district court. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-10055
|
U.S. v. Jimenez-Medina
Border patrol agent doesn't have reasonable suspicion to stop locally licensed vehicle simply because it is registered to a Mexican national. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-50297
|
U.S. v. Banuelos-Rodriguez
Sentencing disparity that arises from different U.S. Attorney plea-bargaining policies, is basis for downward departure. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-35499
|
Jones v. Wood
Under Death Penalty Act, federal habeas petitioner gets hearing on exhausted claims absent state hearing. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
B109661
|
In re Iveys
Motion to strike prior serious felony conviction allegation isn't prerequisite to seeking habeas relief under 'Romero.' |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-7151
|
Lewis v. U.S.
Certiorari granted |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-30139
|
U.S. v. Main
Faulty jury instruction on causation invalidates defendant's conviction for involuntary manslaughter from driving accident. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
F025194
|
People v. Callahan
Direct review of municipal court's denial of suppression motion is allowed, bypassing superior court. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
S055184
|
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
94-10022
|
U.S. v. Knapp
Removing issue of materiality of false statements in currency reports from jury invalidates currency reporting conviction. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-30161
|
U.S. v. Gonzalez
Hearing is necessary before sentencing defendant seeking new counsel, claiming defense attorney coerced guilty plea. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-50151
|
U.S. v. Iriarte-Ortega
Jury can reasonably infer conspiratorial agreement for alleged marijuana smugglers' coordinated transporting actions at border. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
95-30227, 95-30239 and 95-30240
|
U.S. v. Scrivner
No plain error by imposing sentence for D-methamphetamine without government proof of using that specific drug. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-30194
|
U.S. v. Villasenor-Cesar
Defendant doesn't deserve acceptance of responsibility adjustment absent timely notification of guilty plea intent. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
97-35029, 97-35030, 97-35039 and 97-35111
|
Jacks v. Crabtree
Prison Bureau denies sentence reduction for prisoner, completing drug-treatment program, but having prior violent crime. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-50164
|
U.S. v. Morrison
Defendant cannot challenge strike status of prior robbery conviction because of guilty plea including firearm use. |
Criminal Law and Procedure |
|
Jun. 28, 1999 |
