| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-30541
|
U.S. v. Thomas
Unathorized driver of rental car lacks standing to challenge search where he failed to show he obtained renter's permission to use car. |
Criminal Law and Procedure |
|
Jul. 26, 2006 | |
|
03-50608
|
U.S. v. Lo
Conviction was proper where there was sufficient evidence ephedrine maintained its separate identity within plant extract which could be used to make methamphetamine. |
Criminal Law and Procedure |
|
Jul. 26, 2006 | |
|
03-10059
|
U.S. v. Lopez-Solis
In illegal entry case, sentencing enhancement was not proper where statute under which defendant was previously convicted was overbroad. |
Criminal Law and Procedure |
|
Jul. 26, 2006 | |
|
05-10469
|
U.S. v. Howard
Search of probationer's girlfriend's apartment was unlawful where evidence of his presence there was insufficient to establish probable cause. |
Criminal Law and Procedure |
|
Jul. 26, 2006 | |
|
S122744
|
People v. Saunders
Traffic stop supported by reasonable suspicion of Vehicle Code violations is sufficient to affirm denial of passenger's motion to suppress. |
Criminal Law and Procedure |
|
Jul. 26, 2006 | |
|
06-73376
|
U.S. v. District Court (Mikhel)
Victim-witness may be excluded from courtroom upon determination by clear and convincing evidence that his testimony would otherwise be materially altered. |
Criminal Law and Procedure |
|
Jul. 14, 2006 | |
|
05-30045
|
U.S. v. Plouffe
Where district court's sentencing approach was reasoned and addressed applicable statutory factors, defendant's sentence is reasonable and will not be disturbed. |
Criminal Law and Procedure |
|
Jul. 12, 2006 | |
|
04-16049
|
U.S. v. Brown
Rifle that could be 'readily restored' to shoot automatically was machinegun within meaning of National Firearms Act and subject to forfeiture. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
04-17330
|
Mason v. Yarborough
In case involving confrontation rights issue, court properly denied habeas relief because co-participant's statement to detective did not mention defendant. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
05-30248
|
U.S. v. Marcial-Santiago
Disparity between sentences imposed in District of Montana and in fast-track districts is justified by benefits gained from fast-track programs. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
05-99002
|
Morris v. Ylst
Prosecution's failure to turn over allegedly material exculpatory evidence in murder case was not improper where independent evidence of guilt existed. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
03-30381
|
U.S. v. Brigham
Use of Oregon's sentencing council procedure in fraud case was not prohibited ex parte communication amounting to plain error. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
G034848
|
People v. Herrera
Rule requiring proof of commission of crime by evidence other than defendant's extrajudicial statements was applicable at preliminary hearing. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
C049060
|
In re Burns
Parole board's decision to defer prisoner's parole consideration for five years had factual basis and was proper. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
C049687
|
People v. Le
Sentence enhancement for great bodily injury is proper even though victim only suffered soft tissue and muscular injuries. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
A109299
|
People v. Hayes
Court committed error when it held probable cause hearing at conclusion of SVP's recommitment trial, but error was harmless. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
G034264
|
Ritschel v. City of Fountain Valley
Officers' failure to comply with requirements of state's implied consent law did not amount to violation of arrestee's federal constitutional rights. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
G034527
|
People v. Gayton
Ineffective assistance of counsel found where attorney failed to review defendant's probation file prior to revocation hearing. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
D046052
|
People v. Thornton
Evidence did not support finding that reliance by defendants on plea agreement justified specific enforcement of plea agreement. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
S036864
|
People v. Guerra
In death penalty case, victim's statement that she feared defendant was relevant to prove attempted rape special circumstance allegation. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
E036402
|
People v. Scheller
Statements made to parole office after guilty plea was entered but before it was withdrawn were inadmissible as substantive evidence of guilt. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
05-5966
|
Clark v. Arizona
Due process allows insanity determination based on cognitive capacity and limitation on use of capacity evidence to establish affirmative defense of insanity. |
Criminal Law and Procedure |
|
Jul. 7, 2006 | |
|
04-30525
|
U.S. v. Casey
Federal criminal forfeiture statute requires imposition of money judgment even in cases of insolvent defendants. |
Criminal Law and Procedure |
|
Jul. 6, 2006 | |
|
G032347
|
People v. McMahon
Custodial interrogation was properly admitted into evidence because suspect's request for attorney was ambiguous. |
Criminal Law and Procedure |
|
Jul. 3, 2006 | |
|
04-10363
|
U.S. v. Simpson
Defendant's prior conviction of attempted sexual abuse of minor is not violent felony and hence defendant is not prohibited firearm possessor. |
Criminal Law and Procedure |
|
Jun. 30, 2006 | |
|
C034960
|
People v. Vo
Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
04-1170
|
Kansas v. Marsh
Kansas law which directs imposition of death penalty when aggravating and mitigating circumstances are in equipoise is constitutional. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
05-83
|
Washington v. Recuenco
Sentencing factors must be proved to jury beyond reasonable doubt, however failure to do so can be harmless error. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
05-352
|
U.S. v. Gonzalez-Lopez
Criminal defendant is entitled to reversal of conviction where trial court erroneously deprived him of choice of counsel. |
Criminal Law and Procedure |
|
Jun. 29, 2006 | |
|
02-99007
|
Clark v. Brown
Court's failure to give felony-murder special circumstance jury instruction violated offender's due process right to present defense. |
Criminal Law and Procedure |
|
Jun. 29, 2006 |
