| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-15291
|
Ortiz-Sandoval v. Clarke
Denial of ineffective assistance of counsel claim was not contrary to or unreasonable application of clearly established federal law. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
01-1862
|
Woodford v. Garceau
For purposes of AEDPA, action is not considered 'pending' until application for habeas relief is filed in federal court. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
99-55824
|
Smith v. Ratelle
Equitable tolling is available to pro se litigant where court erroneously dismissed timely filed petition. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
01-10616
|
U.S. v. Chavaria-Angel
District court may rely on uncertified court records to establish nature of defendant's prior offenses. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
A097650
|
People v. Goldberg
Defendant convicted of driving under influence of controlled substance is ineligible for drug treatment under Proposition 36. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
A099175
|
People v. Hayes
Recklessly setting fire does not qualify as crime of force or violence under mentally disordered offender statutes. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
|
B155839
|
Pederson v. Superior Court (People)
Penal Code Section 1367.1 deprives misdemeanor defendants, suspected of being incompetent to stand trial, of equal protection and is unconstitutional. |
Criminal Law and Procedure |
|
Mar. 31, 2003 | |
|
B161117
|
In re Mehdizadeh
Defendant should not have been incarcerated for first-time violation of drug-related condition of probation under Proposition 36. |
Criminal Law and Procedure |
|
Mar. 31, 2003 | |
|
A096508
|
People v. Valtakis
Defendant who failed to object at trial to probation fee procedures waived claim on appeal. |
Criminal Law and Procedure |
|
Mar. 31, 2003 | |
|
A094813
|
People v. Ormiston
For purposes of imposing sentencing enhancement, drug diversion does not constitute release on one's own recognizance while awaiting trial. |
Criminal Law and Procedure |
|
Mar. 28, 2003 | |
|
B157663
|
People v. Estrada
Court was required to determine whether defendant cast some reasonable doubt on veracity of statements made by confidential informant. |
Criminal Law and Procedure |
|
Mar. 28, 2003 | |
|
B147365
|
People v. Sizemore
Court did not abuse discretion in admitting evidence of prior acts of domestic violence and uncharged offense of solicitation to commit murder. |
Criminal Law and Procedure |
|
Mar. 27, 2003 | |
|
02-10112
|
U.S. v. Rogers
Defendant's participation in Ponzi scheme was sufficient to support multiple convictions for mail fraud. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
01-56320
|
Chein v. Shumsky
Challenge to judge's testimony in perjury trial was procedurally defaulted due to failure to raise issue at time of trial. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
01-30226
|
U.S. v. Franklin
Sentencing enhancement for reckless endangerment during flight was improperly imposed upon co-conspirator who was not present during flight. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
01-55471
|
Morgan v. United States
Person seeking to enter military base may have given implied consent to warrantless search. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
01-17455
|
U.S. v. Fry
Defense attorney's failure to inform of deportation consequences does not establish ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
D037469
|
People v. Narvaez
Evidence that defendants were in possession of jewelry stolen during commission of crime is sufficient to corrogorate accomplice's testimony. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
C039029
|
People v. Garza
Consecutive terms imposed for multiple counts of sexual assault was proper. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
B154156
|
In re Cruz
Factual findings in habeas corpus proceeding have no collateral estoppel effect in subsequent retrial. |
Criminal Law and Procedure |
|
Mar. 26, 2003 | |
|
00-16727
|
Clark v. Murphy
Because accused's request for counsel was so ambiguous, officers were not required to cease questioning. |
Criminal Law and Procedure |
|
Mar. 24, 2003 | |
|
02-10483
|
U.S. v. Soberanes
Prior conviction for attempted possession of eight pounds of marijuana is aggravated felony for purposes of enhancement. |
Criminal Law and Procedure |
|
Mar. 23, 2003 | |
|
01-10604
|
U.S. v. Hosoi
Sentence which was less than mandatory minimum improperly relied upon ruling which was scheduled for en banc hearing. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-50138
|
U.S. v. San Juan-Cruz
Administrative Rights and 'Miranda' warnings were invalid because they provided defendant with different and conflicting sets of warnings. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-35053
|
Sandgathe v. Maass
Claims of ineffective assistance of counsel, premised on defendant's alleged mental incompetence, were properly rejected. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-50730
|
U.S. v. Dahl
Violator of Recreational Fee Demonstration Program cannot be convicted of Class B misdemeanor. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-30000
|
U.S. v. Rosacker
Sentence for drug offense that was based on unreliable police laboratory report must be recalculated. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-15483
|
U.S. v. Thiele
Claim for relief from restitution order may not be brought in 28 U.S.C. Section 2255 motion. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
01-55290
|
Bradley v. Duncan
Trial court's refusal to instruct jury on defense of entrapment violated defendant's due process rights. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
|
02-50155
|
U.S. v. Hernandez
Border agents had probable cause to arrest passenger in rear seat of vehicle containing drugs. |
Criminal Law and Procedure |
|
Mar. 21, 2003 |