| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S109642
|
Guillory v. Superior Court (People)
Prosecution under Welfare and Institutions Code Section 602(b) may be initiated by grand jury indictment. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
S016719
|
People v. Yeoman
Conviction and death sentence for defendant who fatally shot and robbed 73-year old victim are affirmed. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
D040622
|
People v. Henderson
Defendant was entitled to pinpoint instruction on principles of flight relating to third-party suspect, although judge isn't compelled to draft such instruction. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
F037295
|
People v. Floyd
For sentencing under Proposition 36, conviction occurs at sentencing, not when conviction is upheld on appeal. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
02-55758
|
Hall v. Director of Corrections
Falsification of material evidence violated defendant's due process rights and he is entitled to a new trial. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
02-50592
|
U.S. v. Defterios
Court improperly imposed one-month sentence for convictions for two counts of bank fraud. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
02-16845
|
Redd v. McGrath
Because limitations period began to run when Board of Prison Terms denied defendant's administrative appeal, his habeas petition to district court was untimely. |
Criminal Law and Procedure |
|
Oct. 24, 2003 | |
|
03-411
|
Opinion of Lockyer
Law that permits medical use of marijuana includes concentrated cannabis and hashish. |
Criminal Law and Procedure |
|
Oct. 23, 2003 | |
|
S105225
|
People v. Floyd
Order |
Criminal Law and Procedure |
|
Oct. 23, 2003 | |
|
02-50377
|
U.S. v. Gaytan
Mayor was properly ordered to pay restitution in total amount of bribe money received. |
Criminal Law and Procedure |
|
Oct. 22, 2003 | |
|
03-55702
|
McQuillion v. Duncan
District court properly interpreted appellate court's order to immediately release habeas corpus petitioner. |
Criminal Law and Procedure |
|
Oct. 22, 2003 | |
|
02-30246
|
U.S. v. Bird
Government may prosecute defendants for burglary committed on Indian country even though victim was non-Indian. |
Criminal Law and Procedure |
|
Oct. 22, 2003 | |
|
01-35989
|
U.S. v. Ritchie
Girlfriend of criminal defendant may seek return of personal property seized during search of her apartment. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
02-55640
|
Gonzalez v. Pliler
Due process violation may have occurred when defendant was forced to wear stun belt during trial. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
01-35959
|
U.S. v. Skurdal
Defendant's attorney's failure to file proper 'Anders' brief in support of being relieved from representing defendant, constituted ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
02-10077
|
U.S. v. Leon
Court was authorized to grant downward sentence departure to defendant who had to care for ailing wife. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
01-55808
|
Gill v. Ayers
Court erred in refusing to allow defendant to testify at Three Strikes sentencing hearing. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
01-35940
|
Tracey v. Palmateer
State and federal courts are not required to hold hearing every time claim of juror bias is raised. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
01-35675
|
Sanders v. Ryder
Pro se habeas corpus petitioner sufficiently exhausted his federal ineffective assistance of counsel claim in state court. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
97-50468
|
U.S. v. Shryock
Convictions and sentences under RICO for defendants involved in Mexican mafia are affirmed. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
02-30057
|
U.S. v. Gunning
District court erred by delegating to probation office responsibility for making schedule for defendant's restitution. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
98-56770
|
U.S. v. Zuno-Arce
Defendant fails to show prejudice where new evidence supporting 'Brady-Bagley' claim would not have made difference to outcome of trial. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
00-10252
|
U.S. v. Waggoner
Defendant was not entitled to two attorneys after government filed notice that it was not seeking death penalty. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
02-10324
|
U.S. v. Alvarez-Farfan
Court erred in failing to allow jury to compare handwriting of two separate documents. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
02-10353
|
U.S. v. Pimentel-Flores
Defendant's prior conviction for 'assault, in violation of court order' is 'crime of violence' giving rise to 16-level sentence enhancement. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
02-10458
|
U.S. v. Cliatt
Defendant who attacked wife may be ordered to pay restitution to military hospital that treated her. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
02-30089
|
U.S. v. Belless
Defendant's misdemeanor conviction for assault is not predicate offense for illegal possession of firearm. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
01-10277
|
U.S. v. Ross
Attorney who was disbarred prior to defendant's trial did not necessarily render ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 16, 2003 | |
|
C039117
|
People v. Moss
Defendant's forgetfulness is defense to willful failure to update registration as sex offender. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
S004703
|
People v. Cox
Convictions and death sentence for defendant who murdered three teenage girls are affirmed. |
Criminal Law and Procedure |
|
Oct. 15, 2003 |
