Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
09-6338
|
Dillon v. U.S.
Court may not reduce final sentences outside range of sentencing guidelines amendments. |
Criminal Law and Procedure |
|
Jun. 18, 2010 | |
08-56512
|
Banjo v. Ayers
Successive state habeas petition does not toll one-year federal habeas statute of limitation. |
Criminal Law and Procedure |
|
Jun. 18, 2010 | |
H033079
|
People v. Datt
Defense attorney is not deficient for failure to present expert testimony in case involving uncorroborated eyewitness identification. |
Criminal Law and Procedure |
|
Jun. 18, 2010 | |
07-50240
|
U.S. v. Laurienti
Although it does not require mathematical precision, loss calculation for victims of securities fraud scheme is illogical, and thus not reasonable. |
Criminal Law and Procedure |
|
Jun. 17, 2010 | |
09-30202
|
U.S. v. Gossi
Court properly holds defendant responsible to pay restitution for direct and proximate harm, rather than solely for reasonably foreseeable harm. |
Criminal Law and Procedure |
|
Jun. 16, 2010 | |
08-55340
|
Howard v. Clark
Trial attorney’s failure to interview surviving victim of charged crime to present defense is not reasonable decision where victim indicated defendant’s innocence. |
Criminal Law and Procedure |
|
Jun. 16, 2010 | |
09-5327
|
Holland v. Florida
Death penalty appeal statute of limitations may be subject to equitable tolling where petitioner’s attorney’s conduct is egregiously unprofessional. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
09-367
|
Dolan v. United States
Court missing deadline under Mandatory Victims Restitution Act maintains power to order restitution where only amount was left open before deadline expired. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
D054660
|
People v. Riley
Trial court has discretion to reopen prosecution’s case so he may establish usable amount of marijuana. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
09-50296
|
U.S. v. O'Donnell
Solicitations of others to donate to candidate in own names violates federal campaign finance law prohibiting contribution in name of another. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
G042127
|
People v. Benner
Driver under the influence of methamphetamine fails to challenge conviction based on insufficiency of evidence. |
Criminal Law and Procedure |
|
Jun. 15, 2010 | |
C062466
|
In re Ross
Governor may consider new evidence indicating current dangerousness when determining prisoner’s parole eligibility in remand proceedings. |
Criminal Law and Procedure |
|
Jun. 14, 2010 | |
08-50365
|
U.S. v. Navarro
Prosecutor’s potentially misleading closing argument does not prejudice defendant where jury is given correct instruction defining legal requirements. |
Criminal Law and Procedure |
|
Jun. 14, 2010 | |
09-10079
|
U.S. v. Bonds
Out-of-court statement by Barry Bonds’ trainer is not admissible as residual exception to hearsay or as non-hearsay party admission. |
Criminal Law and Procedure |
|
Jun. 14, 2010 | |
09-30217
|
U.S. v. Gamboa
Prisoner is not entitled to writ of audita querela relief where opportunity to challenge sentence was available through writ of habeas corpus. |
Criminal Law and Procedure |
|
Jun. 14, 2010 | |
B212529
|
People v. Beckley
Prosecution's failure to authenticate photograph that was downloaded from defendant's home page on MySpace.com should have barred its admission into evidence. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
A123469
|
People v. Johnson
Evidence of defendant’s prior domestic violence is admissible where incidents are substantially similar to charged offense, and evidence has high probative value. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
08-50541
|
U.S. v. Villasenor
Search of vehicle after crossing border is valid where agent has reasonable suspicion based on reliable tip and observation of defendant’s behavior. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
08-99000
|
West v. Ryan
District court properly denies death penalty defendant's habeas petition claiming ineffective assistance of counsel, despite lack of evidentiary hearing. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
S175907
|
People v. Indiana Lumbermens Mutual Insurance Co.
Surety must file for relief from forfeiture within 180 days after defendant is returned to custody outside county where bail was forfeited. |
Criminal Law and Procedure |
|
Jun. 11, 2010 | |
A125182
|
In re Shippman
Parole is properly denied where nature of prisoner’s offense, as well as past control issues, create unreasonable risk of danger to society. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
07-10359
|
U.S. v. Capener
Attorney fee award is improper where government did not act frivolously in failing to perform further investigation after relying on expert opinion. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
09-50192
|
U.S. v. Orozco-Acosta
Warrant of removal is not testimonial statement violating defendant’s right to confront witness, and may be entered into evidence. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
F057537
|
People v. Wilkinson
Trial court errs by accepting mentally retarded defendant’s counsel's waiver of her appearance in hearing without her consent. |
Criminal Law and Procedure |
|
Jun. 10, 2010 | |
B210240
|
People v. Keating
Amendment to Penal Code that increases good conduct credits for presentence custody applies retroactively to defendants whose sentences are not yet final. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
C060135
|
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
A124178
|
People v. Ferrer
Trial court improperly denies prosecution motion for continuance where dismissal of the case is reasonably foreseeable result. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
06-15444
|
Cooke v. Solis
Board does not establish ‘some evidence’ of prisoner’s present dangerousness and thus incorrectly denies parole. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
07-50240
|
U.S. v. Laurienti
Although it does not require mathematical precision, loss calculation for victims of securities fraud scheme is illogical, and thus not reasonable. |
Criminal Law and Procedure |
|
Jun. 9, 2010 | |
09-5201
|
Barber v. Thomas
Federal Bureau of Prisons correctly calculates ‘good time credit’ at end of each year prisoner serves in prison. |
Criminal Law and Procedure |
|
Jun. 8, 2010 |