| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-10001
|
U.S. v. Dhingra
Federal law criminalizing use of Internet to solicit sex with minors does not violate First Amendment. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-30347
|
U.S. v. Nielsen
Admission of statement by unavailable occupant that she had no access to drugs where other evidence suggests defendant's ownership is harmless error. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
01-50408
|
U.S. v. Awad
Government may not impose current sentence when it plans to assess defendant's pre-sentence cooperation at later time. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-56678
|
Martinez v. Garcia
Structural error occurs when jury instructions combine two theories of guilt, but cannot discern upon which theory conviction rests. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-10600
|
U.S. v. Anderson
Government did not produce sufficient evidence to warrant conviction of defendant on bank fraud charge. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-10158
|
U.S. v. Rutherford
Court must reconsider validity of jury's verdict after IRS agents allegedly glared at jurors during trial. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
01-99008
|
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-55924
|
Paulino v. Castro
Pattern of strikes against black jurors raises plausible inference of discrimination and requires prosecutor to show race-neutral reasons. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-50067
|
U.S. v. Cunag
Defendant had no legitimate expectation of privacy in hotel room that he obtained through credit card fraud. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
99-30135
|
U.S. v. Jimenez-Recio
Erroneous instruction prevents jury from considering evidence of defendants' post-seizure involvement in conspiracy. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
F043088
|
People v. Rivas
Court retains discretion to strike additional punishments when defendant is sentenced outside of one-strike law. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
S105058
|
People v. Cavitt
Non-killer is liable under felony murder rule when his acts are causally and temporally related to act resulting in death. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
B166718
|
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
H025395
|
People v. Pirwani
Statements made by dependent adult to police prior to her death should not have been admitted at trial. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
F042927
|
People v. Manuel
Defendant on trial for mayhem did not deserve jury instruction on lesser-included offense of battery with serious bodily injury. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
A103320
|
In re Scott
No evidence supports board's finding that prisoner is unsuitable for parole. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
C043114
|
People v. Singh
Jury must find that defendant had knowledge of weapon to convict of possession of methamphetamine while armed with firearm. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
S103689
|
People v. Jones
Court's removal of public defender for potential conflict does not violate client's federal or state right to counsel. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
B165908
|
People v. Ayers
Trial court's failure to impose or strike enhancement resulted in unauthorized sentence subject to correction for first time on appeal. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
B170328
|
In re Stevens
Parole condition that prevents child molestor from using Internet is unreasonable. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
C041479
|
In re Jennings
Business and Professions Code Section 25658(c) describes strict regulatory offense that does not require knowledge that minor was under 21. |
Criminal Law and Procedure |
|
Aug. 22, 2004 | |
|
A095055
|
People v. Robertson
Grossly negligent discharge of firearm cannot serve as predicate offense for felony murder. |
Criminal Law and Procedure |
|
Aug. 19, 2004 | |
|
D042600
|
Ebbert v. Superior Court (City of San Diego)
Protective order limiting use of information disclosed by grant of 'Pitchess' motion doesn't encompass derivative information obtained from use of 'Pitchess' motion information. |
Criminal Law and Procedure |
|
Aug. 19, 2004 | |
|
S095660
|
People v. Valdez
Criminal negligence mens rea is appropriate standard for felony child endangerment crime. |
Criminal Law and Procedure |
|
Aug. 17, 2004 | |
|
S095660
|
People v. Valdez
Order |
Criminal Law and Procedure |
|
Aug. 17, 2004 | |
|
04-99001
|
Cooper v. Rimmer
Death row inmate's emergency motion to stay execution is denied. |
Criminal Law and Procedure |
|
Aug. 16, 2004 | |
|
03-30310
|
U.S. v. Sioux
Evidence Rule 413 permits admission of evidence detailing sexual misconduct that occurred after event giving rise to trial. |
Criminal Law and Procedure |
|
Aug. 16, 2004 | |
|
04-70667
|
In re Morris
Petitioner's petition for writ of mandamus is denied because district court has not ruled on his motion to amend his habeas petition. |
Criminal Law and Procedure |
|
Aug. 16, 2004 | |
|
D040874
|
People v. Pre
Evidence is abundantly sufficient to support defendant's conviction for torture. |
Criminal Law and Procedure |
|
Aug. 15, 2004 | |
|
02-10464
|
U.S. v. Carreno
Sentence enhancement for creation of substantial risk of death or serious bodily harm was supported by evidence. |
Criminal Law and Procedure |
|
Aug. 15, 2004 |
