Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-3305
|
U.S. v. Bartsma
Defendant is entitled to presentence notice that court is considering imposing sex offender registration requirement. |
Criminal Law and Procedure |
|
Dec. 10, 1999 | |
88-4280
|
Odle v. Calderon
Writ of habeas corpus can't be granted where defendant hasn't established by preponderance of evidence facts underlying claims of constitutional error. |
Criminal Law and Procedure |
|
Dec. 9, 1999 | |
98-30289
|
U.S. v. Stevens
Downward departure from sentencing guideline is warranted only if defendant's conduct significantly differed from conduct of other defendants sentenced under same guideline. |
Criminal Law and Procedure |
|
Dec. 9, 1999 | |
98-99032
|
McDowell v. Calderon
In habeas proceedings alleging ineffective assistance of counsel, district court may limit state's use of defense trial counsel's files. |
Criminal Law and Procedure |
|
Dec. 8, 1999 | |
99-0185
|
State v. Garza
Inconsistent findings by trial court does not mandate reversal of guilty verdict. |
Criminal Law and Procedure |
|
Dec. 7, 1999 | |
98-0350
|
State v. Vera
Automobile stop by police to investigate possible vehicle equipment violation for cracked windshield is constitutional. |
Criminal Law and Procedure |
|
Dec. 7, 1999 | |
98-50116, 98-50205 and 98-50329
|
U.S. v. Duran
Inconsistencies between indictment and government's proof at trial do not prejudice defendant's substantial rights. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50037
|
U.S. v. Merino
Hazardous waste cleanup, costing tens of thousands of dollars, isn't a 'substantial' expenditure as to warrant a sentence enhancement. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-55468
|
Keating v. Hood
Failure to instruct jury on mental state required for securities fraud isn't harmless error. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
96-99020, 96-99025, and 96-99026
|
Lambright v. Stewart
Due process isn't violated when a trial court experiments with the use of dual juries in a capital case. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50609
|
U.S. v. Hayes
Sixth Amendment right to counsel isn't invoked by government's preindictment filing of motion to preserve videotape. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-10199
|
U.S. v. Shipsey
When indictment charges only theft by false pretenses, court errs when it instructs jury that any wrongful taking constitutes theft. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-55323
|
Bell v. Hill
Prisoner is entitled to appointment of counsel for new trial motion, as case requiring appointment isn't a 'new rule.' |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
97-10044
|
U.S. v. Farhad
Defendant's repeated, unequivocal desire for self-representation is a valid waiver of the right to counsel. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
97-30366
|
U.S. v. Fox
Conspiracy to sell powered cocaine that is, or can be, foreseeably converted to crack cocaine may be considered for sentencing purposes. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-10316
|
U.S. v. Tucor International Inc.
Trucker engaged in shipping household goods to and from places within foreign country is exempt from prosecution in U.S. under Shipping Act. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50477
|
U.S. v. Hernandez-Franco
Several undocumented aliens found in defendant's van is sufficient to convict of attempting to transport undocumented aliens in violation of federal law. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
97-10107
|
U.S. v. Lawrence
Jury need not be instructed on defendant's theory of the case if other instructions entirely cover defendant's theory. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
97-15295
|
Tapia v. Roe
Erroneous aiding and abetting instruction is harmless error where jury's guilt finding of special circumstance murder required determination of intent. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
97-99010
|
Smith Jr. v. Stewart
Where lawyer fails to effectively present mitigating factors at defendant's resentencing hearing, defendant can't be sentenced to death. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50361
|
U.S. v. Jackson
Federal sentencing guidelines which imposes mandatory drug testing while on supervised release isn't inconsistent with ex post facto clause. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50399
|
U.S. v. Riley
Destruction of government agent's notes of conversations with its operatives isn't harmless error and requires reversal. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-56249
|
Gatlin v. Madding
When exhausting state court remedies, defendant's review petition to state supreme court cannot simply incorporate by reference arguments made to lower court. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-35531
|
Dictado v. Ducharme
Improperly filed state personal restraint petition doesn't toll time limitations of federal Antiterrorist and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50100
|
U.S. v. Mayfield
Where trial court permits admittance of prejudicial evidence against co-defendant, defendant is entitled to severance trial. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-10395
|
U.S. v. Mattarolo
Veteran officer who stops truck and conducts pat-down search after observing truck leave construction site at night with crate isn't Fourth Amendment violation. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
96-16528
|
Bogovich v. Sandoval
Prisoner's Americans With Disabilities Act claim isn't required to be brought as a habeas corpus petition. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50513
|
U.S. v. Scrivener
Imposing two-level sentence enhancements for both vulnerable victims and Senior Citizens Against Marketing Scams Act isn't impermissible double-counting. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-10032
|
U.S. Court of Appeals v. Laney
Conviction for distribution of child pornography requires pecuniary gain, but barter of images for other images or stories may satisfy requirement. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
98-50308
|
U.S. v. Boa
For sentence determination for counterfeiting computer documents, 'retail value' of fake manual cannot exceed retail price of genuine manual. |
Criminal Law and Procedure |
|
Dec. 3, 1999 |