| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-55712
|
King v. Roe
Petitioner is not entitled to tolling because second series of habeas petitions is treated as separate round of collateral review. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
01-17531
|
Jaramillo v. Stewart
Petitioner's claim of actual innocence is sufficient to require evidentiary hearing despite procedural default. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-16744
|
Evanchyk v. Stewart
Where felony murder was theory of first-degree murder, generic conspiracy instruction omitted element of intent to kill and violated defendant's due process rights. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-35558
|
Miller v. Clark County
Officer who ordered police dog to bite and hold suspect did not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-35863
|
Lounsbury v. Thompson
Because defendant's competency claim was logically contained within his state petition for review, his federal habeas appeal isn't procedurally barred. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
03-10067
|
U.S. v. Garcia
Defendants must show exceptional reasons justifying release on bail pending their appeals. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-50282
|
U.S. v. Sutter
Pending discovery motion that is under advisement does not indefinitely suspend defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
S106440
|
People v. Neal
Confessions made by defendant who initiated contact with police following evening of isolated confinement were involuntary. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
S032832
|
People v. Martinez
Defendant's murder conviction in Texas qualifies as prior murder for purposes of California's special circumstance provision. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
B157983
|
People v. Gilbeaux
Janitors, non-employees of grocery store, still had constructive possession of property for purposes of robbery convictions. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S107167
|
People v. Gonzalez
Trial court need not issue tentative decision in order for parties to be clearly apprised of sentence intended by court. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S107266
|
People v. Williams
Act's definition of sexually violent predator encompasses requirement that offender has serious difficulty in controlling sexual behavior. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S034110
|
People v. Crew
Conviction and death sentence for defendant who murdered wife are upheld. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S103343
|
People v. Reynoso
Trial court's conclusion that prosecutor's exercise of peremptory challenges was sincere and genuine is entitled to great deference. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
01-35556
|
Nulph v. Cook
Parole board vindictively increased sentence of defendant who was successful on appeal. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
01-30066
|
U.S. v. Villalobos
Defendant who was not informed about prosecutor's burden of proof regarding drug quantity may withdraw guilty plea. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
01-10717
|
U.S. v. Guerrero
District court must reconsider whether defendant deserves downward sentence departure for aberrant behavior. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
02-30072
|
U.S. v. Riley
Because evidence did not support enhancement for possessing five or more means of false identification, sentence is vacated. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
01-50539
|
U.S. v. Woods
Proof of specific material false statement is not required for mail or wire fraud convictions. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
02-15078
|
Cockett v. Ray
District court was correct in dismissing defendant's confrontation clause claim as procedurally defaulted. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
99-50657
|
U.S. v. Gurolla
Defendant who was not permitted to present entrapment defense is entitled to retrial. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
01-99014
|
Davis v. Woodford
Evidence of strangulation strongly suggests premeditation and deliberation sufficent enough to sustain first-degree murder conviction. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
01-30443
|
U.S. v. Ceja-Prado
Federal court may have lacked jurisdiction to hear criminal case involving alleged minor. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
02-10005
|
U.S. v. Sanchez-Sanchez
Court must review discrepancies with regard to defendant's prior conviction and magistrate lacked authority to accept defendant's admission of supervised release violation. |
Criminal Law and Procedure |
|
Oct. 7, 2003 | |
|
B159332
|
People v. Superior Court (Feather)
Order |
Criminal Law and Procedure |
|
Oct. 6, 2003 | |
|
C032328
|
People v. Morgan
Jury instruction doesn't have 'chilling effect' on deliberations, but does protect due process rights of litigants. |
Criminal Law and Procedure |
|
Oct. 6, 2003 | |
|
G027838
|
People v. Valot
Juror was improperly discharged after court erroneously concluded she was refusing to deliberate. |
Criminal Law and Procedure |
|
Oct. 6, 2003 | |
|
S100740
|
Jackson on Habeas Corpus
Order |
Criminal Law and Procedure |
|
Oct. 5, 2003 | |
|
D037675
|
People v. Foster
Sentence imposing hormone suppression treatment for sex offender is not cruel and unusual punishment. |
Criminal Law and Procedure |
|
Oct. 3, 2003 | |
|
A093927
|
People v. Allen
Court's failure to determine whether prosecutor improperly used peremptory challenges based on race requires reversal of conviction. |
Criminal Law and Procedure |
|
Oct. 3, 2003 |