| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-30334
|
U.S. v. Antelope
Sex offender undergoing treatment cannot be compelled to detail sexual history that could be used for future prosecutions. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-30172
|
U.S. v. Garcia
Newly-discovered evidence was 'fair and just reason' for withdrawal of guilty plea. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
04-35169
|
Fields v. Waddington
State court's review of claim using federal principles does not transform claim into federal constitutional claim. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
|
03-10439
|
U.S. v. Ogles
Firearms license issued to dealer is location-specific except for temporary sales locations. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-16573
|
Cassett v. Stewart
Federal court may deny unexhausted habeas petition on merits only when it is perfectly clear that no colorable federal claim is raised. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-10009
|
U.S. v. Cardenas
Defendant who waived appeal in plea agreement cannot appeal finding of ineligibility for safety valve relief. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-10551
|
U.S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
|
03-10080
|
U.S. v. Luong
Defendant acquitted of RICO charges may be subsequently charged under Hobbs Act. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
02-17150
|
Grotemeyer v. Hickman
No juror misconduct occurred when jury foreman drew on her medical experience to form her opinions. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
A099250
|
People v. Noel
Defendant convicted of second-degree murder after her dog mauled neighbor is not entitled to retrial. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
03-35081
|
Lambert v. Blodgett
In evaluating habeas corpus petition, district court erroneously disregarded state courts' factual findings and conclusions of law. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
03-17098
|
Boyd v. Newland
State court did not violate clearly established federal law by using nonjury juvenile adjudication to enhance sentence. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
03-35187
|
Docken v. Chase
Petitioner's challenge to timing of parole review was properly cognizable under federal habeas statute. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
B176343
|
Fuller v. Superior Court (People)
Assigning petitions for writs of habeas corpus to trial court judge whose ruling is subject of petition is improper. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
S119294
|
People v. Lopez
Gang member sentenced to 25 years to life for murder cannot receive 10-year gang enhancement. |
Criminal Law and Procedure |
|
Jul. 12, 2005 | |
|
04-5286
|
Dodd v. U.S.
Defendant's motion to set aside conviction was filed after one-year limitations period expired. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
03-10322
|
U.S. v. Gordon
District court correctly calculated defendant's restitution obligation based on 'date of loss.' |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
03-30470
|
U.S. v. Beck
Prior to line-up, eyewitness's recollection may be refreshed through photographs of actual crime. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
03-50146
|
U.S. v. Rodriguez-Rodriguez
Sentencing judge misapplied guidelines in determining levels of enhancement of defendant's sentence. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
S133325
|
People v. Tewolde
Aggravating factors resulting in upper-term sentence for defendant should have been found true by jury. |
Criminal Law and Procedure |
|
Jul. 11, 2005 | |
|
D044120
|
Brierton v. Department of Motor Vehicles
Circumstances of defendant's driving provided reasonable suspicion for traffic stop and suspension of license. |
Criminal Law and Procedure |
|
Jul. 7, 2005 | |
|
02-10210
|
U. S. v. Callum
Wiretap order need not name authorizing party when it was authorized by empowered official. |
Criminal Law and Procedure |
|
Jul. 6, 2005 | |
|
03-10198
|
Halbert v. Michigan
Michigan court must appoint counsel to defendant applying for leave to appeal following guilty plea. |
Criminal Law and Procedure |
|
Jun. 24, 2005 | |
|
04-563
|
Mayle v. Felix
Untimely habeas claim did not 'relate back' to earlier timely claim that asserted different grounds for relief. |
Criminal Law and Procedure |
|
Jun. 24, 2005 | |
|
04-6432
|
Gonzalez v. Crosby
Motion for relief from habeas judgment is not treated as successive petition if it does not claim state conviction error. |
Criminal Law and Procedure |
|
Jun. 24, 2005 | |
|
02-10168
|
U.S. v. Bradley
Police were entitled to enter private residence without warrant based on concern for child's welfare. |
Criminal Law and Procedure |
|
Jun. 22, 2005 | |
|
A108693
|
Coffey v. Superior Court (People)
Defendant convicted of 'wobbler' offense is not entitled to return of DNA samples. |
Criminal Law and Procedure |
|
Jun. 21, 2005 | |
|
03-10511
|
U.S. v. Bergonzi
Appeal of court's discovery order became moot when intervenor conceded that defendants were entitled to materials. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
04-30040
|
U.S. v. Lincoln
Context of defendant's letter did not amount to 'true threat' against President's life. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
C043152
|
People v. Sumahit
Sexually violent predator who refuses interview may not challenge sufficiency of evidence that he currently lacks ability to control his behavior. |
Criminal Law and Procedure |
|
Jun. 20, 2005 |
