| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A090876
|
People v. Ramirez
Waiver of custody credits isn't unreasonable condition of probation in all cases where it may lead to incarceration beyond maximum term. |
Criminal Law and Procedure |
|
Nov. 14, 2002 | |
|
01-1765
|
Early v. Packer
Federal appellate court exceeded authority in habeas case in finding trial court coerced jury's verdict. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
02-137
|
Woodford v. Visciotti
Federal court exceeded authority by finding that state court unreasonably denied habeas relief to prisoner. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
01-17010
|
Allen v. Roe
Officer reasonably believed gun posed serious threat of harm to public when discarded in public place and 'Miranda' is not required. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
01-55304
|
Henderson v. City of Simi Valley
Police officers did not violate mother's constitutional rights by standing between her and minor daughter in effort to keep peace. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
01-10705
|
U.S. v. Arellano-Torres
Offense of simple drug possession is aggravated felony under federal sentencing laws. |
Criminal Law and Procedure |
|
Nov. 11, 2002 | |
|
00-305
|
Duran v. Castro
Prisoner convicted of simple possession of heroin and sentenced to 25 years to life because of prior kidnapping convictions is granted habeas relief. |
Criminal Law and Procedure |
|
Nov. 11, 2002 | |
|
98-56455
|
Ford v. Hubbard
Court's failure to inform defendant about its inability to stay mixed habeas claims constitutes prejudicial error. |
Criminal Law and Procedure |
|
Nov. 11, 2002 | |
|
00-99007
|
Beaty v. Stewart
Evidentiary hearing is necessary to determine reasonableness of prisoner's asserted belief that his statements to prison psychiatrist were protected by confidentiality agreement. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
F036655
|
People v. Gnass
Grand jury instruction resulted in wrongful indictment against city of Waterford attorney. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
01-50311
|
U.S. Yoshida
Defendant illegally brought aliens into U.S for financial gain where she guided them onto an airplane without speaking. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
00-55805
|
Lott v. Mueller
Deadline to file habeas petition may be tolled during period in which prisoner lacked access to legal files. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
01-30303
|
U.S. v. Bell
Defendant who harassed and threatened IRS employees was properly convicted and sentenced for interstate stalking. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
A095637
|
People v. Rae
Trial court properly refused to give unanimity instruction where defendant is engaged in continuous wrongful conduct. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
01-16833
|
Benson v. Terhune
Jail staffs administration of prescription medications requested by defendant did not violate due process. |
Criminal Law and Procedure |
|
Nov. 7, 2002 | |
|
01-8065
|
U.S. v. Proffit
Court upholds sentence enhancement base on more than minimal planning, but not based on vulnerable victim status. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
01-1554
|
U.S. v. Ramirez
Court denied defendant's motion requesting competency evaluation on improper grounds. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
G029409
|
People v. Malfavon
Child abuse homicide is not lesser included offense within charge of murder. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
D036223
|
People v. Armstead
Court's comments on testimony in response to jury's question improperly changed scope of evidence. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
01-10508
|
U.S. v. Holloway
Defendant whose conviction for armed bank robbery is reversed cannot later be charged with violating Hobbs Act. |
Criminal Law and Procedure |
|
Nov. 5, 2002 | |
|
02-404
|
Opinion of Lockyer
Driver is not required to cover aggregate material that does not extend beyond upper edge of vehicle's cargo area. |
Criminal Law and Procedure |
|
Nov. 1, 2002 | |
|
00-10609
|
U.S. v. Larson
Evidentiary hearing is warranted where defendant may not have knowingly and intelligently understood consequences that stipulation would have on appeal rights. |
Criminal Law and Procedure |
|
Oct. 29, 2002 | |
|
01-15938
|
Greene v. Henry
Defense counsel's failure to put on witnesses to impeach victim did not constitute prejudicial error. |
Criminal Law and Procedure |
|
Oct. 29, 2002 | |
|
01-10532
|
U.S. v. Quach
Sentence is vacated because government failed to determine whether defendant provided substantial assistance to warrant Section 5K1.1 motion. |
Criminal Law and Procedure |
|
Oct. 29, 2002 | |
|
D030982
|
People v. Valadez
Defendant is improperly sentenced under 'one strike law' where information did not give notice of life sentence. |
Criminal Law and Procedure |
|
Oct. 24, 2002 | |
|
F033224
|
People v. Mounsaveng
Court's application of incorrect burden of proof to duress defense is harmless error when there is reasonable, legal alternative to violating law. |
Criminal Law and Procedure |
|
Oct. 23, 2002 | |
|
C031821
|
Moore v. State Board of Control
Crime victim's request for restitution is untimely despite police's failure to advise victim of eligibility. |
Criminal Law and Procedure |
|
Oct. 23, 2002 | |
|
B139931
|
People v. Chavez
Defendant convicted of aiding and abetting robberies is not entitled to introduce evidence of battered women's syndrome. |
Criminal Law and Procedure |
|
Oct. 22, 2002 | |
|
00-55691
|
Gentry v. Roe
Defense counsel's perfunctory closing argument constituted ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 16, 2002 | |
|
00-30169
|
U.S. v. Culps
Sentence is vacated where estimated drug transaction size and time period are not supported by sufficient and reliable evidence. |
Criminal Law and Procedure |
|
Oct. 16, 2002 |