| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-10016
|
U.S. v. Bynum
District court did not err in declining to submit federal nexus question to jury. |
Criminal Law and Procedure |
|
Jun. 24, 2003 | |
|
01-17046
|
U.S. v. Montalvo
Failure to give specific unanimity instruction regarding continuing criminal enterprise offense is harmless error. |
Criminal Law and Procedure |
|
Jun. 18, 2003 | |
|
02-50141
|
U.S. v. Bonilla-Montenegro
District court properly enhanced defendant's sentence because offense of voluntary manslaughter is 'crime of violence' under sentencing guidelines. |
Criminal Law and Procedure |
|
Jun. 18, 2003 | |
|
D040216
|
People v. Rivera
Circumstantial evidence is sufficient to support finding that car was locked upon entry; evidence supports conviction. |
Criminal Law and Procedure |
|
Jun. 17, 2003 | |
|
01-30419
|
U.S. v. Weber
Defendant who left voicemail in which he threatened judge is guilty of obstruction of justice. |
Criminal Law and Procedure |
|
Jun. 16, 2003 | |
|
02-15860
|
McNeely v. Blanas
Petitioner in custody since April 1998 without preliminary hearing or trial has been denied right to speedy trial. |
Criminal Law and Procedure |
|
Jun. 16, 2003 | |
|
01-17113
|
U.S. v. Leonti
Viable ineffective assistance of counsel claim may arise in presentencing cooperation period. |
Criminal Law and Procedure |
|
Jun. 16, 2003 | |
|
02-30138
|
U.S. v. McNeil
Although bank did not suffer actual loss, sufficient evidence supports defendant's bank fraud conviction. |
Criminal Law and Procedure |
|
Jun. 15, 2003 | |
|
02-1108
|
Opinion of Lockyer
In its civil "watchdog" capacity, grand jury may give secrecy admonition to witness; witness' violation may constitute contempt of court. |
Criminal Law and Procedure |
|
Jun. 11, 2003 | |
|
01-55808
|
Gill v. Ayers
Defendant had right to testify at Three Strikes sentencing hearing to explain nature of prior conviction. |
Criminal Law and Procedure |
|
Jun. 11, 2003 | |
|
01-50051
|
U.S. v. Banuelos
For sentencing purposes, court must determine quantity of drugs attributable to conspirator personally beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jun. 11, 2003 | |
|
B148379
|
People v. Flores
Remand is proper remedy when defendant is ordered to pay attorney fees without notice and hearing. |
Criminal Law and Procedure |
|
Jun. 11, 2003 | |
|
02-15139
|
Stillman v. LaMarque
Habeas petitioner is not entitled to benefit of mailbox rule but is entitled to equitable tolling because of prison officials' misconduct. |
Criminal Law and Procedure |
|
Jun. 10, 2003 | |
|
01-16823
|
Ho v. Newland
Habeas petition was improperly denied where court failed to remedy erroneous jury instruction on elements of crime. |
Criminal Law and Procedure |
|
Jun. 10, 2003 | |
|
S004507
|
In re Cox on Habeas Corpus
Opinion |
Criminal Law and Procedure |
|
Jun. 9, 2003 | |
|
G027381
|
Anthony L. v. Superior Court (People)
Penal Code Section 186.22(d) applies to all gang-related offenses and is more aptly characterized as penalty provision, not as substantive offense. |
Criminal Law and Procedure |
|
Jun. 6, 2003 | |
|
99-99022
|
Garceau v. Woodford
Jury instruction to infer criminal propensity from evidence of other crimes was not harmless error. |
Criminal Law and Procedure |
|
Jun. 3, 2003 | |
|
S105569
|
In re Bell
Order |
Criminal Law and Procedure |
|
Jun. 2, 2003 | |
|
S112904
|
People v. Palomino
Order |
Criminal Law and Procedure |
|
Jun. 2, 2003 | |
|
S094597
|
People v. Lee
Order |
Criminal Law and Procedure |
|
Jun. 1, 2003 | |
|
01-36143
|
Ferguson v. Palmateer
Federal one-year statute of limitations for habeas petitions need not be extended to allow full application of Oregon's two-year limitations period. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
01-56927
|
Lewis v. Lewis
Trial and appeal courts failed to determine whether purposeful racial discrimination occurred during jury selection. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
01-10669
|
U.S. v. Auld
Downward sentencing departure should begin from statutorily required minimum sentence rather than guideline sentence. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
02-10024
|
U.S. v. Luna-Orozco
Defendant who intended to plead guilty but did not enter formal plea is still bound by agreement. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
02-10170
|
U.S. v. Doe
Juvenile charged with federal crime must be tried within 30 days of his certification for federal juvenile proceedings. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
00-50669
|
U.S. v. Celestine
Affidavit supporting probable cause determination for warrant need not be served at time of search. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
02-10327
|
U.S. v. Chen
Immigrant's false statements regarding entry into United States were material for his conviction for making false statement. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
01-30398
|
U.S. v. Fernandez-Castillo
Reasonable suspicion to conduct investigatory vehicle stop was present where officer received credible report that vehicle was driven erratically. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
00-50107
|
U.S. v. Velasco-Heredia
For sentencing purposes, court must employ 'beyond a reasonable doubt' standard when determining amount of marijuana attributable to defendant. |
Criminal Law and Procedure |
|
May 30, 2003 | |
|
02-10273
|
U.S. v. Ballesteros-Ruiz
State conviction for possession of marijuana does not qualify as aggravated felony for purpose of imposing sentencing enhancement. |
Criminal Law and Procedure |
|
May 29, 2003 |
