| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A103502
|
People v. Martinez
Defendant's conviction for auto burglary was not 'gang-related' crime that requires gang registration. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
F043306
|
People v. Haynie
Defendant who was not guilty by reason of insanity may exercise right against self-incrimination in hearing to extend civil commitment. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
B170313
|
People v. Superior Court (German)
Defendant can be prosecuted for committing lewd act upon child under 'extended' statute of limitations. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
A101894
|
People v. Morse
Defendant who intended to burn own property with molotov cocktail is guilty of possession of incendiary device. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
B149425
|
People v. Robinson
Although court properly ruled on challenge to individual juror, it erred in manner in which it applied 'People v. Wheeler.' |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
03-10152
|
U.S. v. Batterjee
Conviction of non-immigrant alien who was misled into believing he could possess firearms is reversed. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
03-30177
|
U.S. v. Rios-Beltran
Prior conviction for criminal offense under Oregon law was properly treated as 'felony' for federal sentencing purposes. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
02-50350
|
U.S. v. Koonin
Statute of limitations to prosecute conspiracy begins to run on day after last overt act is performed. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
02-50168
|
U.S. v. Naghani
Defendant's conviction and sentence for making threats to flight attendants were proper. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
01-99022
|
Stankewitz v. Woodford
Attorney's failure to present substantial mitigating evidence in penalty phase of murder trial results in remand. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
03-30129
|
U.S. v. Leon H.
Court did not err in sentencing minor based on his age at dispositional hearing rather than at time crime was committed. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
02-56066
|
Ramirez v. Castro
Defendant's life sentence for stealing VCR was cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
01-57166
|
Arredondo v. Ortiz
Witness's invocation of Fifth Amendment privilege at criminal trial extended to collateral matters. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
02-10325
|
U.S. v. Viayra
In criminal case, court may not convert motion for judgment of acquittal into new trial motion absent request by defendant. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
03-30256
|
U.S. v. Gonzalez
Denial of probation based upon 'preponderance of evidence' was correct. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
|
03-526
|
Schriro v. Summerlin
Requirement that aggravating factors for death penalty be found by jury is not substantive or 'watershed' procedural rule that applies retroactively. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
02-1632
|
Blakely v. Washington
Kidnapper's enhanced sentence based on judge's disputed finding of "deliberate cruelty" violates his right to trial by jury. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
02-1603
|
Beard v. Banks
Capital sentencing scheme requiring jury to disregard mitigating factors not found to be unanimously invalid cannot be applied retroactively to defendant. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
02-10038
|
Tennard v. Dretke
Defendant with I.Q. of 67 who received death penalty will have chance to appeal sentence. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
02-1183
|
U.S. v. Patane
Failure by police to give Miranda warning does not mandate suppression of physical fruits of unwarned, voluntary statements. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
03-1200
|
Holland v. Jackson
Defendant who located witness seven years after murder conviction is not entitled to habeas relief. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
02-1371
|
Missouri v. Seibert
In nearly continuous interrogation, second statement that is product of invalid pre-Miranda statement should be suppressed. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
03-1027
|
Rumsfeld v. Padilla
Federal habeas petitioner must bring action against immediate physical custodian in district of confinement. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
|
01-99011
|
Allen v. Woodford
Defense counsel's failure to present mitigating witness testimony is harmless error due to overwhelming evidence of defendant's guilt. |
Criminal Law and Procedure |
|
Jul. 9, 2004 | |
|
02-57117
|
Jackson v. Giurbino
Petitioner's felony-murder conviction is vacated due to prejudicial Miranda error. |
Criminal Law and Procedure |
|
Jul. 9, 2004 | |
|
02-57132
|
Lee v. Gregory
Officer isn't entitled to summary judgment on qualified immunity grounds if he knew he was arresting wrong person. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
02-30098
|
U.S. v. Ortiz
Conspiracy requires both furtherance of joint criminal activity and reasonable foreseeability of conduct. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
03-30319
|
U.S. v. Linn
Appellate court lacks jurisdiction to review trial court's discretionary denial of downward sentencing departure. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
03-50364
|
U.S. v. Nava
Motorist who was briefly handcuffed after being stopped at border was detained but not arrested. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
02-10651
|
U.S. v. Shipsey
Reindictment within grace period is permitted where Speedy Trial Act dismissal after statute of limitations expired is without prejudice. |
Criminal Law and Procedure |
|
Jul. 8, 2004 |
