| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-10386
|
U.S. v. Kovac
Statement in pretrial sentence report is not sufficient evidence to designate defendant as career offender. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-50539
|
U.S. v. Brooks
Search of hotel room based on "911" call from adjacent room reporting suspected beating was lawful. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-30216
|
U.S. v. Lynch
Defendant violated Hobbs Act because his unlawful actions had direct effect on interstate commerce. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-10419
|
U.S. v. Benitez-Perez
Defendant's earlier possession for sale conviction is 'drug trafficking' offense justifying 16 level sentencing enhancement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-10298
|
U.S. v. Arellano-Gallegos
District court's failure to ascertain whether defendant's waiver of appeal was knowing and voluntary before acceptance of plea was plain error. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-35972
|
U.S. v. Ratigan
Court's subject matter jurisdiction over bank robbery charge cannot be undemined by insufficient evidence of bank's FDIC insurance status. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-30209
|
U.S. v. Williams
Court improperly required defendant to take psychotropic medication as condition of supervised release. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-30185
|
U.S. v. Christian
Police did not exceed proper scope of investigatory stop by demanding defendant's identification. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
03-30085
|
U.S. v. Terry-Crespo
911 call had sufficient indicia of reliability to provide police with reasonable articulable suspicion justifying investigatory stop. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-70724
|
Ellis v. U.S. District Court (United States of America)
District court exceeds authority in determining plea should be vacated following its rejection of plea agreement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-50215
|
U.S. v. Medina-Maella
Prior felony conviction for lewd or lascivious acts on child constitutes conviction for 'crime of violence' under federal sentencing guidelines. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-10222
|
U.S. v. Toliver
Jury's inability to determine quantity or type of drugs involved in conspiracy did not entitled defendants to acquittal. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-56666
|
Laws v. Lamarque
One-year deadline to file federal habeas petition may be tolled due to petitioner's mental incompetency. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
02-50445
|
U.S. v. Doe
Court may deny sentence reduction under federal rule based on factors other than defendant's assistance to government. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
02-35374
|
Desyllas v. Bernstine
Official's mere questioning and requests to turn over stolen property did not amount to a violation of appellant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
02-10314
|
U.S. v. Melchor-Zaragoza
Conspiracy to take several hostages is properly treated as separate offenses committed against separate victims for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 28, 2004 | |
|
B155373
|
In re Young
Second strike inmate is not entitled to 'Heroic Act' credit for saving life of prison employee. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
00-50181
|
U.S. v. Benitez
Failure to inform defendant he could not withdraw guilty plea if court did not accept sentencing recommendation in plea agreement is plain error. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
D035995, D036142 and D036290
|
John L. v. Superior Court (People)
There is no ex post facto violation in applying Proposition 21 to revoke juvenile probation when underlying offense occurred before effective date. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
C033771
|
People v. Britt
Sex offender's failure to notify law enforcement may be prosecuted by two separate counties because each crime is a separate continuing act. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
01-55246
|
Kennedy v. Lockyer
State court's denial of full transcript of defendant's first trial for use in second has substantial and injurious effect on jury's verdict. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
03-221
|
Pliler v. Ford
District court was not required to warn habeas petitioner regarding 'mixed' petition. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
03-5554
|
Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County
State may punish failure to furnish identity during Terry stop if statute requires that request be reasonably related to circumstances justifying stop. |
Criminal Law and Procedure |
|
Jun. 22, 2004 | |
|
01-1503
|
U.S. v. Patane
Physical fruits of Miranda violation must be suppressed where necessary to serve Miranda's deterrent purpose. |
Criminal Law and Procedure |
|
Jun. 21, 2004 | |
|
A095412
|
People v. Taylor
Murder conviction of pregnant woman does not support second-degree fetal murder conviction. |
Criminal Law and Procedure |
|
Jun. 21, 2004 | |
|
03-167
|
U.S. v. Dominguez Benitez
Defendant must show reasonable probability that he would have pleaded not guilty but for Federal Rule of Criminal Procedure 11 violation. |
Criminal Law and Procedure |
|
Jun. 21, 2004 | |
|
02-1684
|
Yarborough v. Alvarado
Defendant was not in custody for Miranda purposes during police questioning. |
Criminal Law and Procedure |
|
Jun. 7, 2004 | |
|
03-5165
|
Thornton v. U.S.
After lawful custodial arrest, officer may search vehicle's passenger compartment even after arrestee has exited vehicle. |
Criminal Law and Procedure |
|
Jun. 1, 2004 | |
|
03-10284
|
U.S. v. Solorzano-Rivera
Speedy trial clock was tolled while court was considering defendant's plea agreement. |
Criminal Law and Procedure |
|
Jun. 1, 2004 | |
|
03-6821
|
Nelson v. Campbell
Prisoner challenging 'cut down' method of lethal injection may bring civil rights claim. |
Criminal Law and Procedure |
|
Jun. 1, 2004 |
