Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-30303
|
U.S. v. Merino-Balderrama
Probative value of pornographic films outweighed by risk of prejudice in light of available alternatives. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
97-30320
|
U.S. v. Fellows
Each computer graphics file is a separate 'item' for sentencing purposes in child pornography case. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
97-30318
|
U.S. v. Devorkin
Maximum sentence for solicitation of murder for hire is 20 years. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
97-6328
|
U.S. v. Vinaithong
Order |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
98-2345
|
Setser v. Lucero
Order |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
98-2100
|
U.S. v. Gordon
Search of locked duffel bag doesn't exceed scope of consent if part of general authorization to search and defendant fails to object. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
98-6301
|
Rogers v. Gibson
Psychiatric evidence of future dangerousness isn't necessary to entitle a defendant to a psychiatric expert. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
99-2023
|
Tapia v. LeMaster
Order |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
99-7015
|
Osborne v. Boone
Order |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
98-70569
|
Calderon v. U.S. District Court (Kelly)
Earlier holding that prisoner's federal habeas petitions are barred by statute of limitations is res judicata. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
A081708
|
Brookner v. Superior Court (People)
Courts may appoint public defenders as advisory and standby counsel for pro per defendants. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
A077748
|
People v. Farsight
Alleged partner has no claim of title defense against charge of embezzlement. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
96-10576
|
U.S. v. Viramontes-Alvarado
Defendant claiming U.S. citizenship through American father must show he lived with alleged father during childhood. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
98-70569
|
Calderon v. District Court
Habeas petitions pending at the time Antiterroism Act was enacted are not barred by its statute of limitations. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
97-30337
|
U.S. v. Fultz
Homeless man has reasonable expectation of privacy in boxes and bags stored in friend's garage. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
S017868
|
People v. Musselwhite
Jury instruction given over defendant's requested instruction regarding defendant's mental capacity to commit murder is adequate. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
F026960
|
People v. Benevides
Decision not to strike prior conviction is subject to limited appellate review for abuse of discretion. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
97-6146
|
Monge v. California
Double jeopardy clause doesn't extend to noncapital sentencing proceedings. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
96-30369 and 97-30035
|
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
S027758
|
Johnson on habeas corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
96-35655
|
Boyd v. Thompson
District court in habeas proceeding may raise procedural default in interest of comity, federalism and judicial efficiency. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
97-10064 and 97-10067
|
U.S. v. Cuddy
Sentencing court may depart from law of the case if earlier finding was clearly erroneous. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
97-30299
|
U.S. v. Fitzgerald
Federal Employees Compensation Act requires total disability claimant to disclose employment information. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
B108078
|
People v. Bento
Court can't reconvene jury after juror expresses doubt if verdict has been read, affirmed, polled and recorded. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
E020448
|
People v. Porter
Defendant's sentence can be enhanced for current conspiracy conviction if defendant 'substantially involved' in conspiracy. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
G021616
|
People v. Aubrey
Three strikes law doesn't deprive trial court of discretion to grant probation to defendant with two strikes. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
C026124
|
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
98-4054
|
U.S. v. Gordon
Certificate of appealability can only be granted for violation of constitutional rights, and not for alleged violation of federal law. |
Criminal Law and Procedure |
|
Apr. 8, 1999 | |
98-7147
|
Smith v. Gibson
Order |
Criminal Law and Procedure |
|
Apr. 8, 1999 | |
98-2041
|
Riggs v. Crandell
Order |
Criminal Law and Procedure |
|
Apr. 7, 1999 |