| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-10159
|
U.S. v. Cabaccang
Transport of drugs on nonstop flight from California to Guam does not constitute importation. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
E029887
|
People v. Henderson
Trial court properly admitted DNA evidence after concluding capillary electophoresis procedure has gained general acceptance within scientific community. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
B160159
|
People v. Chagoyan
Trial court cannot deny finding of factual innocence without conducting evidentiary hearing. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
D038761
|
People v. Portillo
Court did not err in expanding scope of felony-murder sex offenses to include homicide that occurred after sex offenses were complete. |
Criminal Law and Procedure |
|
Jul. 25, 2003 | |
|
02-50161
|
U.S. v. Vargas-Castillo
Indictment charging defendant with separate counts for different controlled substances was not multiplicitous and no double jeopardy violation occurred. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
01-50610
|
U.S. v. Shumate
Defendant with prior conviction for delivery of marijuana qualifies as career drug offender. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
98-50330
|
U.S. v. Odom
Defendant's inadvertent display of gun during bank robbery is insufficient to support armed robbery conviction. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
02-10049
|
U.S. v. Foreman
Court's denial of defendant's request to substitute counsel did not invalidate guilty plea. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
00-16639
|
Vang v. State of Nevada
Habeas claims are not procedurally defaulted because state failed to rely on default in its motion to dismiss. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
01-50111
|
U.S. v. Tekle
Sufficient evidence supports conviction of money laundering where necessary concealment is that of source of funds, not identity of defendant. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
01-10254
|
U.S. v. Migi
'Playground' where drugs are distributed includes areas with basketball court, softball field and skating rink. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
01-50537
|
U.S. v. Brande
Communication between juror and court clerk mandates evidentiary hearing to determine possible prejudicial impact. |
Criminal Law and Procedure |
|
Jul. 23, 2003 | |
|
02-50353
|
U.S. v. Verduzco
Defendant who pleaded 'no contest' to charge violated terms of supervised release. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-55716
|
Brambles v. Duncan
Equitable tolling applies because court misled petitioner to believe he could dismiss habeas petition without prejudice, exhaust state claims and refile in federal court. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-50006
|
U.S. v. Smith
Sentencing guidelines preclude downward departure despite existence of extraordinary circumstances surrounding defendant's mental condition. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
02-10189
|
U.S. v. T.M.
District court's imposition of certain conditions of supervised release relating to defendant's status as sex offender are vacated. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-50669
|
U.S. v. Velte
Defendant who purposefully set fire to national forest is not entitled to acquittal of offense for setting fire without authority. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-56963
|
Hunt v. Pliler
District court improperly delegated authority to magistrate to rule on habeas petition. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
02-99000
|
Bittaker v. Woodford
Defendant claiming ineffective assistance of counsel waives attorney-client privilege only while habeas petition is being litigated. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
A096442
|
Guillory v. Superior Court (People)
Juveniles may be prosecuted in adult court by grand jury indictment under Proposition 21. |
Criminal Law and Procedure |
|
Jul. 16, 2003 | |
|
02-30194
|
U.S. v. Alanis
Trial court has duty to complete all steps of 'Batson v. Kentucky' process without further request or objection from counsel. |
Criminal Law and Procedure |
|
Jul. 16, 2003 | |
|
02-311
|
Wiggins v. Smith
Performance of defendant's attorneys at sentencing hearing violated his right to effective counsel. |
Criminal Law and Procedure |
|
Jul. 9, 2003 | |
|
B159372
|
People v. Medina
Officers, stopping driver for broken taillight, cannot detain and frisk solely because stop occurred at night in high crime area. |
Criminal Law and Procedure |
|
Jul. 7, 2003 | |
|
A094900
|
People v. White
Police officer's good-faith error as to vehicle code violations does not form valid basis for traffic stop. |
Criminal Law and Procedure |
|
Jun. 25, 2003 | |
|
C040863
|
People v. Esparza
Defendant with drug-related probation violation for underlying offense that is not drug related is ineligible for Proposition 36 treatment. |
Criminal Law and Procedure |
|
Jun. 25, 2003 | |
|
B153102
|
People v. Smith
Tests used upon mixed samples of deoxyribonucleic acid to determine a distinct genetic profile is generally accepted in scientific community. |
Criminal Law and Procedure |
|
Jun. 25, 2003 | |
|
02-50160
|
U.S. v. Gonzalez
Defendant receiving drug package had no reasonable expectation of privacy in workplace mail room. |
Criminal Law and Procedure |
|
Jun. 24, 2003 | |
|
01-15195
|
Powell v. Galaza
Court improperly instructed jury that defendant's own testimony satisfied specific intent element of crime. |
Criminal Law and Procedure |
|
Jun. 24, 2003 | |
|
01-99007
|
Beardslee v. Woodford
Cumulative error claim of constitutional violations does not create substantial impact on murder conviction and death sentence. |
Criminal Law and Procedure |
|
Jun. 24, 2003 | |
|
B153082
|
People v. Morris
Defendant failed to make adequate record supporting 'Wheeler' motion challenging state's use of peremptory challenges against African American and Hispanic prospective jurors. |
Criminal Law and Procedure |
|
Jun. 24, 2003 |
