| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-10234
|
U.S. v. Navidad-Marcos
District court improperly relied solely on abstract of judgment of prior conviction to enhance defendant's sentence. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
01-50562
|
U.S. v. Manion
Jury properly instructed that defendant can be convicted for defendant's own acts constituting mail fraud if defendant knowingly participated in scheme to defraud. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
02-99009
|
Webster v. Woodford
Judicial expansion of special circumstances that qualify for death sentence did not violate defendant's due process rights. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
03-50167
|
U.S. v. Tapia-Marquez
Defendant, whose appeal became moot when he was released from custody while appeal was pending, is not entitled to vacatur of judgment. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
03-50609
|
U.S. v. Glass
Summary contempt proceeding was improper forum for court to decide that defendant was not entitled to indigent legal services. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
99-35845
|
Doe v. Tandeske
Alaska 's sex offender registration and notification statute does not violate plaintiffs' procedural or substantive due process rights. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
02-30220
|
U.S. v. Alvarado-Guizar
District court is not required to make factual findings when electing not to impose enhancement for obstruction of justice. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
02-30363
|
U.S. v. Delgado
To be convicted for drug possession, defendant did not necessarily need to know such possession constituted violation of law. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
02-30184
|
U.S. v. Daychild
Sentencing court properly applied horizontal departure based on defendant's criminal history and risk of recidivism. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
01-50461
|
U.S. v. Soriano
Finding that consent to warrantless search was voluntary, despite threats that children could be taken away, is not clear error. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
03-30101
|
U.S. v. Johnson
Methamphetamine removed from package for controlled delivery is relevant for determining defendant's base offense level. |
Criminal Law and Procedure |
|
May 10, 2004 | |
|
01-35153
|
Reese v. Baldwin
Defendant fairly presented federal claim of ineffective assistance of appellate counsel to Oregon Supreme Court and satisfies exhaustion requirement. |
Criminal Law and Procedure |
|
May 10, 2004 | |
|
02-30246
|
U.S. v. Bird
Appellate court lacks jurisdiction to review indictments of Indian defendants. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
02-30301
|
U.S. v. Barajas-Avalos
Entering natural clearing and searching travel trailer are not violations of defendant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
03-10276
|
U.S. v. Sarbia
Court did not err in determining prior conviction of attempt was 'crime of violence' as defined by sentencing guidelines. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
02-30039
|
U.S. v. McNeil
Because defendant's false statements were made in judicial proceeding, he is not subject to prosecution under 18 U.S.C. Section 1001. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
02-56893
|
Sanders v. Lamarque
Defendant was entitled to habeas relief after trial court dismissed lone holdout juror. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
02-30423
|
U.S. v. Joyce
Defendant's waiver of right to appeal precludes him from challenging two special conditions of release. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
03-10055
|
U.S. v. Campos-Fuerte
Defendant's conviction for fleeing from police officer is crime of violence and qualifies as aggravated felony under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
01-35809
|
Powell v. Lambert
Where asserted state court procedural bar is not adequate, habeas corpus petitioner has exhausted federal claims in state court. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
02-50664
|
U.S. v. Bautista
Warrantless entry by police into occupant's motel room based on unsupported report that stolen credit card was used to reserve room violated Constitution. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
03-10231
|
U.S. v. Bynum
Exigent circumstances justified noncompliance with knock and announce requirement. |
Criminal Law and Procedure |
|
May 7, 2004 | |
|
03-10204
|
U.S. v. Mack
Defendant who represented self but was denied right to present witnesses or closing argument is entitled to new trial. |
Criminal Law and Procedure |
|
May 6, 2004 | |
|
02-10668
|
U.S. v. Barajas
Sufficient evidence supports defendant's conviction for aiding and abetting cultivation of marijuana. |
Criminal Law and Procedure |
|
May 4, 2004 | |
|
02-17298
|
Robinson v. Ignacio
Petitioner's right to counsel was violated when trial court denied his timely request for representation at sentencing. |
Criminal Law and Procedure |
|
May 4, 2004 | |
|
S097600
|
People v. Johnson
California's procedures to evaluate peremptory challenges of jurors does not violate Constitution. |
Criminal Law and Procedure |
|
May 3, 2004 | |
|
02-10549
|
U.S. v. Liang
Court erred in considering good eyesight a 'special skill' for sentencing enhancement purposes in card cheating case. |
Criminal Law and Procedure |
|
May 2, 2004 | |
|
D037680
|
People v. Konow
Trial court erred in dismissing criminal charges against defendants who allegedly sold medicinal marijuana. |
Criminal Law and Procedure |
|
Apr. 29, 2004 | |
|
02-50443
|
U.S. v. Ziskin
Because drug trafficker participated in two distinct conspiracies, second conspiracy indictment did not violate double jeopardy. |
Criminal Law and Procedure |
|
Apr. 26, 2004 | |
|
02-30316
|
U.S. v. Clough
District court had discretion to determine if downward sentence departure was warranted for defendant who sustained injuries from police shooting. |
Criminal Law and Procedure |
|
Apr. 26, 2004 |