Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-1001, 99-1038 and 99-1112
|
Caravalho v. Pugh
Appeal is barred by successive writ limitation doesn't render remedy inadequate. |
Criminal Law and Procedure |
|
Apr. 27, 1999 | |
99-6014
|
Robinson v. Massie
Order |
Criminal Law and Procedure |
|
Apr. 27, 1999 | |
98-0296
|
State v. Thompson
For forgery conviction, intent to defraud can be based on intent to cause pecuniary loss or gain. |
Criminal Law and Procedure |
|
Apr. 27, 1999 | |
96-99020
|
Lambright v. Stewart
The due process clause doesn't permit a trial court to experiment with the use of dual juries in a capital case. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-16122
|
Davis v. Kramer
Federal habeas corpus writ properly granted when state attorney's 'no-merit' brief violates constitutional right. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-55037
|
U.S. v. LaValle
Review of federal sentence, that includes enhancement based on now stricken prior state conviction, is proper. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
97-99003
|
Siripongs v. Calderon
Newspaper article reporting state's belief that a known accomplice was involved isn't sufficient for habeas relief. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
97-50096 and 97-50099
|
U.S. v. Yossunthorn
Attempted possession with intent to distribute heroin not substantiated absent evidence of substantial step toward possession of the heroin. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
97-50462 and 97-50466
|
U.S. v. Gillam
Defense counsel's portrayal of client as unwitting dupe of co-defendant isn't sufficient to show antagonistic defenses requiring severance. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-50257
|
United States v. Jackson
Jury acquittal on distribution charge doesn't bar sentencing court from considering distribution object in related conspiracy conviction. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-16122
|
Davis v. Kramer
Federal habeas corpus writ properly granted when state attorney's 'no-merit' brief violates constitutional right. |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-5072
|
U.S. v. Sours
Order |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-4201
|
U.S. v. Aldana
Order |
Criminal Law and Procedure |
|
Apr. 26, 1999 | |
98-7093
|
Cobley v. Klinger
Order |
Criminal Law and Procedure |
|
Apr. 23, 1999 | |
98-1338
|
McLaughlin v. United States Parole Commission
Order |
Criminal Law and Procedure |
|
Apr. 22, 1999 | |
97-4184, 97-4190, 97-4191, and 97-4192
|
U.S. v. Checora
Degrees of upward departure from sentencing guidelines must be supported by particularized findings. |
Criminal Law and Procedure |
|
Apr. 22, 1999 | |
B128381
|
In Re Jenkins
Defendant is denied effective assistance of counsel when attorney fails to discover previously filed peremptory challenge against trial judge. |
Criminal Law and Procedure |
|
Apr. 22, 1999 | |
S077360
|
People v. Tillman
Imposition of penalty assessments, when there's no fine upon which to base it, is improper. |
Criminal Law and Procedure |
|
Apr. 22, 1999 | |
98-3230
|
U.S. v. Jones
Order |
Criminal Law and Procedure |
|
Apr. 22, 1999 | |
98-4115
|
U.S. v. Hernandez-Bustamonte
Order |
Criminal Law and Procedure |
|
Apr. 22, 1999 | |
G021452
|
People v. Manriquez
Non-gang member is liable as aider and abettor for firing gun at rivals of his gang-member friend. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
D030333
|
People v. Simonton
Erroneous jury instruction on assault, that misstates mens rea requirement, is harmless in light of attempted murder conviction. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
A081058
|
People v. Aubrey
Tactical decision to concede that defendant carried a 'dirk or dagger' isn't ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
C027096
|
State v. Poplar
Prior acts of domestic violence are admissible against defendant charged with rape. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
F026943
|
People v. Angel
An arrest, as opposed to issuance of an arrest warrant, doesn't qualify as commencement of prosecution within limitation period. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
B123471
|
People v. Otis
Attorney for mentally disordered offender can waive jury on defendant's behalf. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
B118676
|
People v. Oganesyan
Statute that provides for additional restitution fine is inapplicable if defendant's sentence doesn't currently allow for parole. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
A079356
|
Broden v. Marin Humane Society
Owner of seized animals no longer has possessory interest when he fails to assure that animals will be provided with necessary care. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
S063512
|
People v. Williams
Defendant's motion to suppress must contain sufficient information for state to know what evidence it needs to present in response. |
Criminal Law and Procedure |
|
Apr. 21, 1999 | |
98-10027
|
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds are for same loss. |
Criminal Law and Procedure |
|
Apr. 21, 1999 |