| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
S102162
|
People v. Gutierrez
In noncapital felony case, defendant who refuses to leave court lockup to attend trial is deemed voluntarily absent. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
01-15917
|
Biggs v. Duncan
Application for state post-conviction relief was not pending between end of first petition and commencement of second petition. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
A091576
|
People v. Nguyen
Jury should have had opportunity to convict defendants of conspiracy rather than first-degree murder. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B159423
|
People v. Butler
Temporary detention of defendant was justified, therefore, trial court was not required to suppress evidence under Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B158338
|
People v. Stern
Evidence of uncharged offense properly admitted to corroborate victim's testimony. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B162003
|
People v. Foster
Regardless of propriety of prosecution's questions to defendant, defendant failed to establish ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B166963
|
People v. Superior Court (Vasquez)
Under plea bargain, only remedy to which defendant was entitled to in response to SVP petition was withdrawal of his plea. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
C042092
|
People v. Cooke
Defendant's waiver of conduct credits while in county jail did not apply to conduct credits while in state prison. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
02-35144
|
Bailey v. Rae
State violated defendant's due process rights by failing to disclose therapy reports regarding victim's mental capacity. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
02-30245
|
U.S. v. MacDonald
District court did not abuse its discretion in applying enhancement for disposal or discharge of hazardous waste. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B160306
|
People v. Parham
Res judicata bars prosecution from retrying defendant as mentally disordered offender based on same qualifying offense. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B161828
|
People v. Dachino
Defendant has standing to contest legality of search, even though he denies search took place. |
Criminal Law and Procedure |
|
Oct. 15, 2003 | |
|
B158974
|
People v. Daniels
Defendant sentenced to state prison upon revocation of probation is subject to limitation on conduct credits. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-35795
|
Hanson v. Mahoney
Magistrate judge has authority to issue certificate of appealability; defendant's claim for relief is procedurally defaulted. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
01-17557
|
Hunter v. Ayers
State's use of new regulation to prevent defendant from restoring his 'good time' credits violated ex post facto clause. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
01-10538
|
U.S. v. Miguel
Structural error was committed when defendants were precluded from arguing their theory of case and jury instructed that no evidence supports that theory. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-10414
|
U.S. v. Romero-Bustamente
Search of defendant's backyard by Border Patrol agents violated Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-10071
|
U.S. v. Pereira-Salmeron
Felony conviction for carnal knowledge of child constitutes conviction for crime of violence under Federal Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
01-56660
|
Brown v. Poole
Where plea agreement has been breached, prisoner is entitled to specific performance and is released from custody. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
B152073
|
In re Beasley
Insufficient evidence existed that defendant struck cohabitant to produce corporal injury. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-10395
|
U.S. v. Beasley
Defenant must prove justification defense by a preponderance of evidence. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-55713
|
Cordova v. Baca
Criminal defendant who was tried without counsel following defective waiver is entitled to automatic reversal of conviction. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-15586
|
Hatton v. Bonner
Petitioner's ex post facto and due process challenges to California's sex-offender registration statute fail. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
B151466
|
People v. Bracamonte
Court erred in failing to stay four-year term for defendants' convictions and in its disposition of firearm enhancements. |
Criminal Law and Procedure |
|
Oct. 13, 2003 |