| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-15194
|
Arnold v. Runnels
Admission of interrogation that was taped against defendant's will violated his Miranda rights. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-10377
|
U.S. v. Carter
Defaced firearm serial number that is not discernible to naked eye is still 'altered or obliterated' for purpose of sentence enhancement. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-10257
|
U.S. v. Ortuno-Higareda
Supervised release of deported defendant caught reentering may not be revoked on basis of unadvised condition. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-50260
|
U.S. v. Lopez-Montanez
Prior felony conviction under state's sexual battery statute did not constitute 'crime of violence' for federal sentencing purposes. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-50471
|
U.S. v. Sanders
When original sentencing judge has since retired, defendant whose sentence must be vacated is entitled to remand for full resentencing hearing. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-50167
|
U.S. v. Strobehn
Any evidence of unconsented forced accompaniment, however insubstantial, suffices for bank robbery enhancement. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-57253
|
Prasoprat v. Benov
Defendant facing extradition to Thailand has no right to discover what punishment he will face if extradited. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-15885
|
Fowler v. Sacramento County Sheriff's Dept.
Preclusion of proffered cross-examination of alleged molestation victim was in error. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-30579
|
U.S. v. Johal
Grocer may be convicted for selling pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-35381
|
Washington v. Lampert
Habeas petitioner who waived right to all appeals failed to prove ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
A105802
|
People v. Love
Time limit for preliminary hearing does not apply to defendant who waived limit, failed to appear and ended up back in jail. |
Criminal Law and Procedure |
|
Nov. 18, 2005 | |
|
F045722
|
People v. Martinez
Gang enhancement may be imposed along with serious felony enhancement. |
Criminal Law and Procedure |
|
Nov. 18, 2005 | |
|
05-206
|
Opinion of Lockyer
Arrestee committing minor infraction may be taken into custody upon failure to present identification even if he signs promise to appear. |
Criminal Law and Procedure |
|
Nov. 17, 2005 | |
|
G034132
|
People v. Martinez
Confidential attachment to search warrant that contained names of informants was properly left sealed. |
Criminal Law and Procedure |
|
Nov. 16, 2005 | |
|
A105204
|
People v. Florez
Defendant convicted of shooting at inhabited dwelling for furtherance of street gang is eligible for only 15 percent credit for presentence custody. |
Criminal Law and Procedure |
|
Nov. 16, 2005 | |
|
G033973
|
People v. Nguyen
Arrestee's invocation of right to counsel prior to completion of arrest and interrogation was not valid. |
Criminal Law and Procedure |
|
Nov. 16, 2005 | |
|
C045357
|
People v. Keovilayphone
There was no error in instructing jury that offense of rape in concert is general intent crime. |
Criminal Law and Procedure |
|
Nov. 16, 2005 | |
|
A104009
|
People v. Quintanilla
Instruction permitting jury to consider evidence of defendant's previous domestic violence charges was improper but harmless. |
Criminal Law and Procedure |
|
Nov. 16, 2005 | |
|
03-30387
|
U.S. v. Moreno-Hernandez
Oregon conviction for fourth-degree assault committed in presence of victim's child is violent felony under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
03-10711
|
U.S. v. Cirino
Puerto Rican convictions may constitute prior felony convictions under sentencing guidelines. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
04-50193
|
U.S. v. Hall
Admission of hearsay statements at proceeding to revoke defendant's supervised release did not violate his confrontation rights. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
02-10545
|
U.S. v. Trevino
Defendant's conviction for tax evasion is upheld despite erroneous jury instruction. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
03-16932
|
Jefferson v. Budge
District court erred in dismissing mixed habeas petition without first offering petitioner options to proceed. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
02-56818
|
Diaz v. Gates
Man who lost employment opportunities while falsely imprisoned may sue police department under RICO. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
05-50444
|
U.S. v. Fidler
Bond condition that results in de facto detention of defendant is proper because amount is necessary to reasonably assure attendance at trial. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
04-50055
|
U.S. v. Dupas
Supreme Court holding making Sentencing Guidelines advisory may be applied retroactively. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
04-10213
|
U.S. v. Williams
Police officer may order exiting passenger back into vehicle in interest of maintaining officer safety. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
03-10222
|
U.S. v. Chong
Defendant's conviction for murder-for-hire is reversed for lack of evidence that he offered anything of pecuniary value to hitmen. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
04-30289
|
U.S. v. Young
Evidence that defendant solely occupied residence where firearms were found was sufficient to establish constructive possession of firearm. |
Criminal Law and Procedure |
|
Nov. 15, 2005 | |
|
04-35437
|
Hirschfield v. Payne
Criminal defendant who was improperly denied right to represent himself due to his lack of legal knowledge will receive new trial. |
Criminal Law and Procedure |
|
Nov. 15, 2005 |
