| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00CA1760
|
People v. Felgar
Jury instruction containing mandatory presumption of knowledge of insufficient funds violated due process. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
01-339
|
Stewart v. Smith
Prisoner who waived right to assert claim in state habeas petition is barred from seeking federal review. |
Criminal Law and Procedure |
|
Jul. 8, 2002 | |
|
71221-2
|
State v. Schultz
No-contact order entered at arraignment for domestic violence case remains in effect until sentencing. |
Criminal Law and Procedure |
|
Jul. 5, 2002 | |
|
C037315
|
People v. Turner
Court upholds its prior decision imposing mandatory fees and penalties on defendant. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
G027481
|
People v. Claeys
Police did not violate defendant's Fourth Amendment rights by entering neighbor's yard without permission and observing marijuana plants growing in defendant's backyard. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
D036935
|
In re Brown
State law allowing deferral of parole consideration hearings for five years applies to all murder convictions. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
G026878
|
People v. Edwards
Sentence for nonviolent felony under Three Strikes law is not unconstitutional. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
C039165
|
Parrish v. Superior Court (People)
Taking photographs of unaware minor girls at water park is insufficient to show crime of annoying or molesting children. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
01-309
|
Hope v. Pelzer
Prison guards do not enjoy qualified immunity from civil liability for tying prisoner to hitching post. |
Criminal Law and Procedure |
|
Jul. 3, 2002 | |
|
A093287
|
People v. McNeil
Defendant cannot be arrested and searched under city ordinance that is pre-empted by state law. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-35595
|
Greene v. Lambert
Court's exclusion of evidence regarding defendant's 'dissociative identity disorder' violated constitutional right to present compete defense. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-15487
|
Souch v. Schaivo
There is no ex post facto clause violation when trial court uses absolute discretion to impose either consecutive or concurrent sentences. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
00-50607
|
U.S. v. Carranza
Passenger's presence in vehicle carrying commercial quantity of drugs across border is enough to find probable cause for his arrest. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-3154
|
U.S. v. Battle
Defendant who robbed local convenience store is guilty of violating Hobbs Act. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-4179
|
U.S. v. Swenson
District court erred in sentencing defendant to 24 months in prison after second violation of supervised release. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
E021559
|
People v. Parker
Juror who worried about punishment of defendant was properly dismissed for misconduct. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
B149321
|
People v. Craney
State may appeal court's order dismissing criminal case for lack of evidence after jury voted to convict. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
S029384
|
People v. Hillhouse
Court upholds death sentence even though conviction is partially reversed. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
S093476
|
Correa v. Superior Court (People)
Witnesses' Spanish-language statements related to police through bystanders acting as translators are admissible. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
01-55272
|
Melendez v. Pliler
Prisoner did not default claim that his right to confront witness was violated. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
00-10163
|
U.S. v. Murillo
'Ends of justice' continuance did not violate defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Jul. 2, 2002 | |
|
00-10666
|
Harris v. U.S.
Brandishing firearm is sentencing factor and does not have to be charged in indictment, submitted to jury, and proved beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jun. 30, 2002 | |
|
01-488
|
Ring v. Arizona
Sixth Amendment right to jury trial prohibits judge alone from determining aggravating factors necessary to sentence defendant to death. |
Criminal Law and Procedure |
|
Jun. 30, 2002 | |
|
01-595
|
U.S. v. Ruiz
'Fast track' plea agreement may require defendant to waive right to receive impeachment evidence. |
Criminal Law and Procedure |
|
Jun. 30, 2002 | |
|
01-8419
|
Kirk v. Louisiana
Police officers need either warrant or probable cause plus exigent circumstances to lawfully enter home. |
Criminal Law and Procedure |
|
Jun. 30, 2002 | |
|
01-0453
|
State v. Schaffer
Prosthetic device can be 'dangerous instrument' within meaning of aggravated assault statute. |
Criminal Law and Procedure |
|
Jun. 28, 2002 | |
|
01-0726
|
State v. Joachim
Magistrate's decision to return seized property does not preclude its admissibility in subsequent prosecution. |
Criminal Law and Procedure |
|
Jun. 28, 2002 | |
|
B146852
|
People v. Cooksey
Court is not required to instruct jury on lesser included offense that is not supported by facts in evidence. |
Criminal Law and Procedure |
|
Jun. 26, 2002 | |
|
B149066
|
People v. Gaut
Threats made by defendant, while incarcerated, can be unequivocal and immediate as to convey immediate prospect of execution. |
Criminal Law and Procedure |
|
Jun. 26, 2002 | |
|
S099542
|
People v. Superior Court (Jimenez)
Order |
Criminal Law and Procedure |
|
Jun. 25, 2002 |