| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-16867
|
Benny v. U.S. Parole Commission
Defendant who serves five years of parole without early termination hearing is not entitled to automatic termination. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-3195
|
Reed v. Hannigan
Writ of habeas corpus by defendant who voluntarily pleaded guilty to indecent liberties with stepdaughter was properly denied. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-50159
|
U.S. v. Bravo
Border agents had reasonable suspicion to use hammer to open toolbox in bed of truck. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
00-50606
|
U.S. v. Yanez-Saucedo
Third-degree rape conviction constitutes aggravated felony sentencing enhancement under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-10461
|
U.S. v. Perez-Corona
Prior conviction for possession of stolen vehicle is not an aggravated felony and defendant is not subject to sentencing enhancement. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-50320
|
U.S. v. Zaragoza
When customs inspector briefly handcuffs individual during border detention, individual is not under arrest nor unreasonably detained for Fourth Amendment purposes. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-5052
|
U.S. v. Goldberg
District court abused its discretion by failing to base degree of departure determination on reasonable methodology hitched to U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
00-3262
|
U.S. v. Avery
Affidavit omitting confidential informant's lengthy criminal history that demonstrates informants reliability establishes probable cause. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-10045
|
U.S. v. Orellana-Blanco
Evidence that alien entered into sham marriage to evade immigration laws was improperly introduced at trial. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-2248
|
U.S. v. Concha
Court was authorized to consider prior foreign convictions to impose upward departure in sentence. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-1135
|
Gometz v. U.S. Parole Commission
Parole Commission's Category 8 rating and imposition of minimum of 430 months sentence instead of 402 months is proper. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
B156011
|
People v. Superior Court (Turner)
Eligibility for probation for drug possession conviction requires five years of freedom from incarceration immediately preceding drug offense. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
71188-7
|
State v. Read
Admission of opinion testimony to determine reasonableness of defendant's self-defense claim was not reversible error. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
20463-4
|
State v. Wiggins
Conviction for unlawful possession of explosives requires showing that defendant possessed all components necessary to assemble explosive device. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
44731-9
|
State v. King
Robbery and kidnapping convictions are reversed due to prejudicial jury instruction that permitted conviction based on foreseeable actions of co-conspirators. |
Criminal Law and Procedure |
|
Sep. 17, 2002 | |
|
01-70724
|
Ellis v. U.S. District Court (U.S.) (In re Ellis)
District court may reject charge bargain in proposed plea agreement when court deems it inadequate to reflect seriousness of crime. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
01-30298
|
US v. Jolibois
Where probation violation constitutes more than one offense, court may impose the most serious penalty available. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
00CA1164
|
People v. Stanley
Criminal defendant's waiver of right to counsel is invalid where trial court fails to give adequate advisement. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
01CA0105
|
People v. Rogers
Evidence of gunshot residue on clothing of defendant admissible where police has probable cause to make arrest. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
01CA0541
|
People v. Bradbury
Sentence in aggravated range is appropriate where defendant was on bond for a previous felony. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
01CA0905
|
People v. Howell
Record supported finding of trial court that defendant violated conditions of probation. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
02SA67
|
People v. Hardrick
Officer may ask interloper to scene of valid arrest to show hands; refusal to comply raises reasonable suspicion of danger to officer. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
01SA356
|
People v. Harlan
Defendant can waive right to conflict-free counsel where court finds that conflict isn't so substantial as to outweigh defendant's interest in retaining counsel of choice. |
Criminal Law and Procedure |
|
Sep. 16, 2002 | |
|
19887-1
|
State v. Wilson
Defendant who shot unintended victim is guilty of second-degree assault. |
Criminal Law and Procedure |
|
Sep. 15, 2002 | |
|
71353-7
|
Personal Restraint Petition of Hutchinson
Due process rights of defendant convicted of murdering two law enforcement officers were not violated. |
Criminal Law and Procedure |
|
Sep. 15, 2002 | |
|
26222-3
|
State v. Nordlund
Affiant's general statements about habits of sex offenders are insufficient to support issuance of search warrant. |
Criminal Law and Procedure |
|
Sep. 15, 2002 | |
|
48325-1
|
State v. Dhaliwal
Defendant did not waive his Sixth Amendment right to conflict free attorney. |
Criminal Law and Procedure |
|
Sep. 15, 2002 | |
|
S087865
|
People v. Spence
Order |
Criminal Law and Procedure |
|
Sep. 12, 2002 | |
|
01-16238
|
Little v. Kern County Superior Court
Attorney who attempted three times to have judge disqualified is not liable for contempt. |
Criminal Law and Procedure |
|
Sep. 10, 2002 | |
|
20109-1
|
State v. Neeley
Probable cause existed to arrest defendant for possession of drug paraphernalia. |
Criminal Law and Procedure |
|
Sep. 9, 2002 |
