| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-30032
|
U.S. v. Cummings
International Parental Kidnapping Crime Act is valid exercise of Congress' Commerce Clause powers. |
Criminal Law and Procedure |
|
Apr. 24, 2002 | |
|
01-55315
|
Matus-Leva v. U.S.
Writ of error coram nobis is unavailable to defendant who is in custody and more usual remedy of habeas petition is available. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
01-30098
|
U.S. v. Working
Court abused discretion in sentencing defendant to one day for assault with intent to commit first-degree murder. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
01SA333
|
People v. Taylor
Police officers may stop vehicle to arrest passenger therein without violating Fourth Amendment rights of driver. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
01SA312
|
People v. Smith
Officers' warrantless entry was not justified by emergency exception. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
01SA148
|
People v. Haley
Police lacked reasonable suspicion to conduct dog sniff search of exterior of automobile for illegal substances. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
01SA360
|
People v. Heilman
Officer seized defendant and his van without reasonable suspicion. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
01SA79
|
People v. Polander
Trial court erred in finding that investigatory stop of defendant's in parking lot wasn't supported by reasonable articulable suspicion. |
Criminal Law and Procedure |
|
Apr. 21, 2002 | |
|
01SA227
|
People v. Miranda-Olivas
Police officer's statement about defendant's girlfriend, made to urge defendant to tell truth, didn't amount to coercive conduct. |
Criminal Law and Procedure |
|
Apr. 21, 2002 | |
|
19315-2
|
State v. Shepherd
Defendant convicted of drug possession failed to show he was providing marijuana to patient for medical purposes. |
Criminal Law and Procedure |
|
Apr. 19, 2002 | |
|
19694-1
|
State v. Pietrzak
Defendant's pre-crime statements may corroborate post-crime statements to prove homicide had occurred. |
Criminal Law and Procedure |
|
Apr. 19, 2002 | |
|
19076-5
|
State v. Perry
Multiple juvenile convictions for which defendant was sentenced on same day count as single conviction under former Sentencing Reform Act. |
Criminal Law and Procedure |
|
Apr. 19, 2002 | |
|
00-3113
|
Johnson v. McKune
Although Supreme Court ruling decided before defendant's conviction is final, ruling is not retroactively available on collateral review. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
01-3014
|
U.S. v. Thompson
Indictment is properly dismissed where government attempts to prosecute beyond statutory time limit. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
01-1499
|
U.S. v. Golyansky
District court abused its discretion in excluding Government's witness as discovery sanction. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
C037797
|
People v. Moody
Enhancement imposed upon 'Second Strike' offender for armed robbery was improperly calculated. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
S086481
|
People v. Mancebo
Sentence enhancement for personal gun use was improperly imposed when One Strike law had already been applied. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
C036773
|
People v. Moore
Substantial evidence supported defendant's conviction for attempted murder. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
E026619
|
People v. Castro
When legal necessity requires mistrial Double Jeopardy Clause isn't violated by retrial and Legislature may reduce conduct credits for murderers without voter approval. |
Criminal Law and Procedure |
|
Apr. 17, 2002 | |
|
C032143
|
People v. Burgess
Legislative enactment adopting more restrictive formula for calculation of conduct credits doesn't require voter approval. |
Criminal Law and Procedure |
|
Apr. 16, 2002 | |
|
S097172
|
People v. Castro
Order |
Criminal Law and Procedure |
|
Apr. 16, 2002 | |
|
00-2016
|
US v. Lujan
During sentencing, failure to object to indictment specifying drug quantity will not afford convicted drug offender reversal under Apprendi. |
Criminal Law and Procedure |
|
Apr. 16, 2002 | |
|
99-99019
|
Turner v. Calderon
Denial of evidentiary hearing to uncover potentially persuasive mitigating evidence for use during penalty phase was constitutionally ineffective. |
Criminal Law and Procedure |
|
Apr. 15, 2002 | |
|
00-16347
|
White v. Klitzkie
Federal habeas petition was barred by one-year statute of limitations. |
Criminal Law and Procedure |
|
Apr. 15, 2002 | |
|
00-99005
|
Fields v. Woodford
Juror whose wife had been kidnapped and raped may have been biased during murder trial. |
Criminal Law and Procedure |
|
Apr. 15, 2002 | |
|
00-35770
|
Malcolm v. Payne
Failure to file personal restraint petition under state law precludes equitable tolling under AEDPA. |
Criminal Law and Procedure |
|
Apr. 15, 2002 | |
|
S097715
|
People v. Statum
Order |
Criminal Law and Procedure |
|
Apr. 14, 2002 | |
|
00CA0675
|
People v. Ramos
Court may consider defendant's role in presenting perjured testimony in determining appropriate sentence. |
Criminal Law and Procedure |
|
Apr. 12, 2002 | |
|
98CA2167
|
People v. Welsh
Admission of pre-arrest silence violated defendant's privilege against self-incrimination. |
Criminal Law and Procedure |
|
Apr. 11, 2002 | |
|
00CA0845
|
People v. Hall
Jury is not required to determine whether defendant was principal or complicitor regarding murder charge. |
Criminal Law and Procedure |
|
Apr. 11, 2002 |