| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A110492
|
In re Phelon
Convict's pre-sentence credits may not be limited based on convictions for which punishment was stayed. |
Criminal Law and Procedure |
|
Dec. 14, 2005 | |
|
04-10184
|
U.S. v. Cortez-Arias
State conviction for shooting at inhabited dwelling is 'crime of violence' under federal sentencing law. |
Criminal Law and Procedure |
|
Dec. 14, 2005 | |
|
03-10479
|
U.S. v. Brown
Government's failure to specify whether it is moving to dismiss counts with prejudice does not constitute breach of plea agreement. |
Criminal Law and Procedure |
|
Dec. 14, 2005 | |
|
04-30094
|
U.S. v. Jensen
Information known by other officers may create probable cause for officer to arrest defendant under direction of other officers. |
Criminal Law and Procedure |
|
Dec. 14, 2005 | |
|
03-35853
|
U.S. v. LaFromboise
Until district court enters amended judgment of conviction, defendant's motion for habeas relief is premature rather than untimely. |
Criminal Law and Procedure |
|
Dec. 13, 2005 | |
|
03-99007
|
Sims v. Brown
Defendant's convicted of first-degree murder and sentenced to death is not entitled to habeas relief. |
Criminal Law and Procedure |
|
Dec. 13, 2005 | |
|
03-10421
|
U.S. v. Kortgaard
Sentence that included upward departures under mandatory sentencing guidelines was invalid. |
Criminal Law and Procedure |
|
Dec. 13, 2005 | |
|
03-10548
|
U.S. v. Smith
Failure to provide warrant at outset of search and attach supporting affidavit does not necessarily render search invalid. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
04-50286
|
U.S. v. Hernandez
Removal of car door panels by border agents was not unreasonable search. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
04-50421
|
U.S. v. Chaudhry
Border agents do not need reasonable suspicion to conduct 'exploratory drilling' of bed of pickup truck. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
04-50497
|
U.S. v. Flores-Montano
Border inspectors did not need suspicion of wrongdoing to conduct search of vehicle's gas tank. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
04-50170
|
U.S. v. Stephens
Court must itself determine maximum number of non-treatment drug tests defendant on supervised release must take. |
Criminal Law and Procedure |
|
Dec. 7, 2005 | |
|
04-35911
|
Barker v. Fleming
Pieces of evidence that were allegedly suppressed by prosecution should be analyzed collectively, not just individually, by appeals court. |
Criminal Law and Procedure |
|
Dec. 6, 2005 | |
|
03-99005
|
Earp v. Stokes
Death row inmate is entitled to evidentiary hearing on claims of prosecutorial misconduct and ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Dec. 6, 2005 | |
|
04-10090
|
U.S. v. Scott
Police may not conduct search based on less than probable cause of individual released while awaiting trial. |
Criminal Law and Procedure |
|
Dec. 6, 2005 | |
|
03-50375
|
U.S. v. Smith-Baltiher
Defendant may defeat charge of being previously deported alien who attempted illegal reentry with proof of derivative citizenship. |
Criminal Law and Procedure |
|
Dec. 6, 2005 | |
|
03-35873
|
U.S. v. Cruz
Court's ruling that permits defendants to object to federal sentencing guidelines does not apply retroactively. |
Criminal Law and Procedure |
|
Dec. 6, 2005 | |
|
04-30508
|
U.S. v. Murillo
Washington's unlawful firearm possession offense is punishable by term exceeding one year, even though defendant's maximum exposure was 12 months. |
Criminal Law and Procedure |
|
Dec. 4, 2005 | |
|
C046512
|
People v. Vincelli
Phrase 'changes his or her name' in sex offender registration statute is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
C045276
|
People v. Urziceanu
Defendant who formed legal cooperative to grow medical marijuana will be retried on conspiracy charge. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
C048118
|
People v. Schoeb
Court's imposition of multiple restitution fines and security fees upon defendant for each charge was not erroneous. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
G034481
|
In re Peter F.
Single act of brandishing weapon can only support single-count conviction despite number of people present. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
A106685
|
People v. Smith
Where mistrial leads to second trial, defendant's original consent to court trial continues unless he timely moves to withdraw it. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
G032634
|
People v. Burnell
Crimes such as attempted murder, robbery and vehicle theft are not included offenses of street terrorism. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
A105272
|
People v. Evans
Statute requiring dismissal for failure to timely prosecute does not cover sexually violent predator civil commitment proceedings. |
Criminal Law and Procedure |
|
Nov. 29, 2005 | |
|
04-30074
|
U.S. v. Kelly
Defendant's conviction for attempting to elude officers was not 'crime of violence' for sentencing purposes. |
Criminal Law and Procedure |
|
Nov. 22, 2005 | |
|
03-55863
|
Menendez v. Terhune
Menendez brothers had no right to instruction on imperfect self-defense during their murder trial. |
Criminal Law and Procedure |
|
Nov. 22, 2005 | |
|
04-15465
|
Williams v. Warden
Simultaneous convictions and acquittals did not violate Double Jeopardy Clause. |
Criminal Law and Procedure |
|
Nov. 22, 2005 | |
|
03-56064
|
Williams v. Roe
Application of amendment eliminating sentencing discretion to defendant who committed crimes before amendment violates ex post facto principle. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-50113
|
U.S. v. Cervantes-Flores
Admission of certificate of nonexistence of record prepared by INS did not violate defendant's confrontation rights. |
Criminal Law and Procedure |
|
Nov. 21, 2005 |
