| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-10514
|
U.S. v. Gonzales
Trial court must resentence defendant based on evidence that drugs may have been intended for personal use rather than distribution. |
Criminal Law and Procedure |
|
Dec. 15, 2002 | |
|
01-15201
|
Pavao v. Pagay
Totality of circumstances support jury's finding that police officer had consent to enter home. |
Criminal Law and Procedure |
|
Dec. 15, 2002 | |
|
01-10578
|
U.S. v. Carbullido
Double jeopardy violation committed where prosecution addressed issue of insanity which was litigated in prior prosecution. |
Criminal Law and Procedure |
|
Dec. 15, 2002 | |
|
02-809
|
Opinion of Lockyer
Sales promotion that requires purchase for chance to win prize violates lottery laws. |
Criminal Law and Procedure |
|
Dec. 11, 2002 | |
|
99-99031
|
Visciotti v. Woodford
Defendant, prejudiced by attorney's deficient performance during penalty phase, is granted habeas relief. |
Criminal Law and Procedure |
|
Dec. 10, 2002 | |
|
D035655
|
People v. Snow
Trial court must choose among alternative laws to enhance sentence of sex offender with prior convictions. |
Criminal Law and Procedure |
|
Dec. 5, 2002 | |
|
C025890
|
People v. Diaz
Court applies three strikes law and punishment enhancement provision in sentencing habitual rapist. |
Criminal Law and Procedure |
|
Dec. 5, 2002 | |
|
B156971
|
In re L.T.
Trash constitutes property under arson statute, Penal Code Section 451. |
Criminal Law and Procedure |
|
Dec. 4, 2002 | |
|
D034916
|
People v. Cochran
Sufficient evidence existed that defendant used duress to commit aggravated sexual assault on child. |
Criminal Law and Procedure |
|
Dec. 3, 2002 | |
|
01-50459
|
U.S. v. Neil
Extraterritorial jurisdiction exists where crime was committed on cruise ship in Mexican territorial waters and victim is U.S. citizen. |
Criminal Law and Procedure |
|
Nov. 26, 2002 | |
|
E029416
|
People v. Burris
Sufficient evidence exists that defendant lacked control of his sexually violent behavior. |
Criminal Law and Procedure |
|
Nov. 25, 2002 | |
|
A097336
|
People v. Pressey
Probable cause to believe individual uses drugs does not provide probable cause for warrant to search home. |
Criminal Law and Procedure |
|
Nov. 25, 2002 | |
|
E031148
|
People v. Legion Insurance Co.
Bail bond surety was given proper notice of forfeiture even though notice failed to recite correct bail bond number. |
Criminal Law and Procedure |
|
Nov. 25, 2002 | |
|
B160255
|
Sanchez v. Superior Court (People)
Where felony information charges defendant with only first-degree murder, defendant may not plead guilty to murder in unspecified degree. |
Criminal Law and Procedure |
|
Nov. 25, 2002 | |
|
A097329
|
People v. Hamilton
Good faith exception to exclusionary rule applies when DMV information relied on by police is later found erroneous. |
Criminal Law and Procedure |
|
Nov. 25, 2002 | |
|
B143330
|
Garcetti v. Superior Court (In re Marentez)
Statistical evidence regarding defendant's likelihood of committing sexually violent acts is sufficient to hold over defendant for trial. |
Criminal Law and Procedure |
|
Nov. 24, 2002 | |
|
99-99018
|
Williams v. Woodford
Court lacks jurisdiction to consider defendant's motion for relief from judgment under Federal Rules of Civil Procedure 60(b). |
Criminal Law and Procedure |
|
Nov. 24, 2002 | |
|
A097338
|
People v. Clavel
Informal letter to trial court alleging sentencing error does not meet formal motion requirement of Penal Code Section 1237.1. |
Criminal Law and Procedure |
|
Nov. 19, 2002 | |
|
B153599
|
People v. El
Harmless error analysis applies where defendant was unrepresented during prosecutor's opening argument. |
Criminal Law and Procedure |
|
Nov. 19, 2002 | |
|
A091096
|
People v. Torres
Defendant cannot be convicted of both continuous sexual abuse and specific sexual offenses that occurred in same period. |
Criminal Law and Procedure |
|
Nov. 19, 2002 | |
|
98-99033
|
Valerio v. Crawford
Penalty phase jury instruction which addressed aggravating circumstance constituted reversible error. |
Criminal Law and Procedure |
|
Nov. 19, 2002 | |
|
A090876
|
People v. Ramirez
Waiver of custody credits isn't unreasonable condition of probation in all cases where it may lead to incarceration beyond maximum term. |
Criminal Law and Procedure |
|
Nov. 14, 2002 | |
|
01-1765
|
Early v. Packer
Federal appellate court exceeded authority in habeas case in finding trial court coerced jury's verdict. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
02-137
|
Woodford v. Visciotti
Federal court exceeded authority by finding that state court unreasonably denied habeas relief to prisoner. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
01-17010
|
Allen v. Roe
Officer reasonably believed gun posed serious threat of harm to public when discarded in public place and 'Miranda' is not required. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
01-55304
|
Henderson v. City of Simi Valley
Police officers did not violate mother's constitutional rights by standing between her and minor daughter in effort to keep peace. |
Criminal Law and Procedure |
|
Nov. 12, 2002 | |
|
01-10705
|
U.S. v. Arellano-Torres
Offense of simple drug possession is aggravated felony under federal sentencing laws. |
Criminal Law and Procedure |
|
Nov. 11, 2002 | |
|
00-305
|
Duran v. Castro
Prisoner convicted of simple possession of heroin and sentenced to 25 years to life because of prior kidnapping convictions is granted habeas relief. |
Criminal Law and Procedure |
|
Nov. 11, 2002 | |
|
98-56455
|
Ford v. Hubbard
Court's failure to inform defendant about its inability to stay mixed habeas claims constitutes prejudicial error. |
Criminal Law and Procedure |
|
Nov. 11, 2002 | |
|
00-99007
|
Beaty v. Stewart
Evidentiary hearing is necessary to determine reasonableness of prisoner's asserted belief that his statements to prison psychiatrist were protected by confidentiality agreement. |
Criminal Law and Procedure |
|
Nov. 10, 2002 |
