| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
02-50442
|
U.S. v. Bennett
Defendant's conviction for drug importation is reversed because of improperly admitted testimony. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
02-30375
|
U.S. v. Prime
District court did not abuse its discretion in allowing testimony of expert handwriting analyst. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
03-10042
|
U.S. v. Meek
Actual minor victim is not required for conviction of attempting to induce minor to engage in sexual activity. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
00-16986
|
Erlin v. U.S.
State law cannot control accrual of FTCA action affecting federal detention of prisoner before that detention is deemed invalid. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
02-15821
|
Phelps v. Alameda
Certificate of appealability regarding habeas petition should not have been granted. |
Criminal Law and Procedure |
|
Jul. 8, 2004 | |
|
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. 8, 2004 | |
|
C033593
|
People v. Mosby
Under totality of circumstances, defendant voluntarily and intelligently waived right to have jury determine truth of allegation of prior conviction. |
Criminal Law and Procedure |
|
Jul. 7, 2004 | |
|
D042152
|
People v. Taylor
Jury's finding that bone fracture fell under definition of serious bodily injury was not equivalent to finding of great bodily injury. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B165435
|
People v. Parks
Defendant's lack of implied consent to conviction of lesser related offense precludes court from convicting for attempted manslaughter. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
H025922
|
People v. Moore
Defendant's prior conviction for making terrorist threats in domestic dispute qualifies as strike under Three Strikes Law. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
C042769
|
People v. Arata
Court erred in imposing second restitution fine on defendant when it had already imposed one at probation. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
A099569
|
People v. Wells
Trial court properly excluded expert testimony regarding usual reactions of sexually abused children. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B150919
|
People v. Cervantes
Statements made by defendants to neighbor regarding crime were admissible against co-defendants. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
A097378
|
People v. Bell
Court erred in giving jury instructions regarding late disclosure of statements by witnesses in attempted murder case. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
S049389
|
People v. Lenart
Conviction and death sentence for first-degree murder are affirmed. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
D041385
|
People v. Chavez
Statute giving narcotics addicts, but not alcohol addicts, rehabilitation in lieu of prison time is upheld as reasonable. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
02-30323
|
U.S. v. Vieke
U.S. government is barred from raising objections to sentencing for first time upon appeal. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
02-55613
|
Nunes v. Ashcroft
Even if district court treated petitioner's motion to reconsider as request for leave to amend, request would have been denied as futile. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
02-30358
|
U.S. v. Perez-Lopez
Translated 'Miranda' warning was fatally flawed because it did not convey to defendant government's obligation to appoint attorney for indigents. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
S102965
|
People v. Holmes
In accepting defendant's plea, trial court must garner information regarding factual basis either from defendant or counsel. |
Criminal Law and Procedure |
|
Jul. 1, 2004 | |
|
B167361
|
People v. Johnson
Trial court's amplification to jury about reasonable doubt requires retrial. |
Criminal Law and Procedure |
|
Jul. 1, 2004 | |
|
02-10285
|
State of Arizona v. Johnson
Court did not abuse its discretion in sexual assualt case when it answered question from jury during deliberations. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
02-50415
|
U.S. v. Diaz-Cardenas
Defendant convicted of importing drugs was not entitled to benefit of new sentencing law. |
Criminal Law and Procedure |
|
Jun. 30, 2004 |