| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-50419
|
U.S. v. Morales-Robles
District court's failure to advise defendant of his right to persist in his plea of not guilty didn't affect defendant's substantial rights. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-50734
|
U.S. v. Stanley
Restitution paid by co-defendants only reduced victim's loss, not other defendant's restitution ceiling. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-56325
|
Padilla v. Terhune
Although admission of custodial confession was hearsay, error was harmless and not violative of confrontation clause. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-50334
|
U.S. v. Garcia-Lopez
Prosecutor may waive right to assert that defendant waived right to litigate appeal. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
02-30020
|
U.S. v. McCormac
Trial court properly denied mistrial when defendant had outburst in front of prospective jurors. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-15804
|
Holgerson v. Knowles
California court's decision to count defendant's out-of-state convictions as strikes didn't deny defendant due process. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
00-10542
|
U.S. v. Gonzalez-Tamariz
Offense classified as misdemeanor under state law may be considered aggravated felony for federal sentencing purposes. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
02-50114
|
U.S. v. Ortega-Brito
Failure to provide written notice of conditions of supervised release does not automatically invalidate revocation of release based on violation of conditions. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-30360
|
U.S. v. Hackett
Restitution for property damage caused by fire resulting from drug laboratory is mandatory. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-50324
|
U.S. v. Ochoa
Factual finding in presentence report that defendant distributed additional amounts of cocaine was properly used to calculate sentence. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-10147
|
U.S. v. Seschillie
Excluding expert from courtroom during trial is harmless error where expert had ample opportunity to familiarize self with case. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
00-50749
|
U.S. v. Sierra-Velasquez
Defendants who detained smuggled aliens until fee was paid are guilty of hostage taking. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
99-16986
|
Jorss v. Gomez
Deadline to file federal habeas petition is tolled while prisoner is pursuing post-conviction remedies in state court. |
Criminal Law and Procedure |
|
Jan. 14, 2003 | |
|
02-10036
|
U.S. v. Leyva-Franco
Court's failure to resolve or to represent as immaterial objection to presentence report was violation of Federal Rules of Criminal Procedure. |
Criminal Law and Procedure |
|
Jan. 14, 2003 | |
|
01-50093
|
U.S. v. Matus-Leva
Despite absence of separate mens rea requirement, statute increasing penalty for smuggling aliens resulting in death is not void for vagueness. |
Criminal Law and Procedure |
|
Jan. 14, 2003 | |
|
00-50702
|
U.S. v. Tobeler
'Motor vehicle' under criminal statute includes construction equipment. |
Criminal Law and Procedure |
|
Jan. 14, 2003 | |
|
01-30069
|
U.S. v. Malley
Application note of sentencing guideline does not authorize downward departure in offense level. |
Criminal Law and Procedure |
|
Jan. 9, 2003 | |
|
01-50033
|
U.S. v. Gross
District court lacks authority to modify terms of supervised release based on illegality or stipulation of parties. |
Criminal Law and Procedure |
|
Jan. 9, 2003 | |
|
C036210
|
John Z., a minor
Defendant committed forcible rape even though victim may have initially consented to intercourse. |
Criminal Law and Procedure |
|
Jan. 9, 2003 | |
|
C038925
|
People v. Moore
Denial of 'Murgia' discovery motion is appealable even where defendant has pleaded guilty. |
Criminal Law and Procedure |
|
Jan. 9, 2003 | |
|
D038521
|
People v. Linwood
Crime of raping intoxicated person is not unconstitutionally void for vagueness. |
Criminal Law and Procedure |
|
Jan. 8, 2003 | |
|
E030638
|
People v. Murillo
Court improperly revoked probation of eligible candidate under Proposition 36. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
F036957
|
People v. Killebrew
Expert witness' testimony about the subjective intent and knowledge of each individual gang member was inadmissible. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
F037946
|
People v. Padilla
Evidence of hallucination is admissible in guilt phase to reduce first-degree murder to second-degree murder. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
C038290
|
People v. Wood
Admission of testimony that defendant refused officer warrantless entry into home was harmless error. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
B151722
|
People v. Hall
Court erred in requiring defendant to perform community service in lieu of paying costs of probation. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
02-50073
|
U.S. v. Rebbe
Where defendant voluntarily signed waiver, government may admit proffered statements from plea negotiations during rebuttal. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
C040635
|
People v. Davis
Court erred in ordering incarceration for defendant's first violation of probation under Proposition 36. |
Criminal Law and Procedure |
|
Jan. 7, 2003 | |
|
B151167
|
People v. Bowden
Court did not inadequately investigate juror misconduct after anxiety stricken juror was excused. |
Criminal Law and Procedure |
|
Jan. 6, 2003 | |
|
B150778
|
People v. Davis
Each failure to register as sex offender within specified time period constitutes separate registration violation. |
Criminal Law and Procedure |
|
Jan. 6, 2003 |