| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-10220
|
U.S. v. Hart
Proof of materiality is not required for crime of making false statement in application for U.S. passport. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
G028224
|
People v. Baker
Defendant who set fire to spouse is guilty of torture. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
00-10233
|
U.S. v. Jordan
Life sentence imposed on defendant convicted of methamphetamine-related offenses was in violation of 'Apprendi v. New Jersey.' |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
01-50195
|
U.S. v. Bishop
Defendants cannot use 'good faith reliance on accountant' defense in tax fraud cases if they fail to disclose pertinent facts to accountant. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
01-1030
|
U.S, v. Ramirez-Encarnacion
Government made adequate showing of necessity for use of wiretaps during drug investigation. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
01-5076
|
U.S. v. McGee
Sentence for using telephone to facilitate commission of felony improperly included term for each phone call. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
01-1499
|
U.S. v. Golyanski
District court abused its discretion in excluding Government's witness as discovery sanction. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
99-10092
|
U.S. v. Hermanek
Wiretap and pager intercept evidence which is not properly sealed and recorded is admissible if government's mistake is objectively reasonable. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
D040021
|
Westerfield v. Superior Court (People)
As part of prosecution's discovery duties, prosecution must provide copies of computer and video images depicting child pornography to defense. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
S085780
|
People v. Crayton
Superior court's failure to readvise defendant to right to counsel does not automatically require reversal. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
S092183
|
People v. Farell
Statute requiring minimum county jail sentence as condition of probation for thefts of cash, also applies to thefts of trade secrets. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
S099260
|
People v. Cochran
Defendant who posted child pornography on Internet to trade with others is eligible for longer sentence. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B153201
|
In re Walton
Extradition of fugitive with AIDS to serve remainder of 30-year-old robbery sentence is constitutional. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
D035303
|
People v. Mumm
Robbery conviction in Arizona counts as strike for sentencing for subsequent conviction in California. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B151206
|
People v. Francis
When trial court finds severe mental disorder is not aggravating factor in commission of crime, defendant's mental state cannot be relitigated. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
G029550
|
In re Dalton
Criminal defendant requested in front of jury to conduct tour of alleged crime site is entitled to new trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
H020031
|
People v. Smith
Child molestation charges which fell outside the statute of limitations was, at a minimum, harmless error. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
S079245
|
People v. Willis
Good faith exception to exclusionary rule does not apply when police search without warrant under erroneous belief that defendant is on parole. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00SA252
|
People v. Alvarado
Sufficient probable cause of defendant's drug usage existed to support a search warrant for drug-testing laboratory. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00SC437
|
People v. Duncan
Defense counsel's request for continuance to investigate new material operated to extend speedy trial period by additional six months. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00SC326
|
People v. Palmer
Defendant's amnesia, in and of itself, does not constitute incompetency to stand trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01SA41
|
People v. Braunthal
Defendant's due process rights weren't violated by police department's unintentional destruction of videotape evidence. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
B156079
|
Bailon v. Superior Court (People)
Trial that started one day after stipulated final date for trial violated defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
H022334
|
People v. Vu
Failure to instruct jury that sexual battery is lesser included offense of penetration with foreign object is prejudicial. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
00-30409
|
U.S. v. Williams
Defendant's sentence for coercing minor to travel beyond state for prostitution was incorrectly calculated. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-30166
|
U.S. v. Kim
Defendant's statements made during execution of search warrant amounted to unlawful custodial interrogation.. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-3370
|
Gaines v. Stenseng
Dismissal of due process claim of Kansas state prisoner for 75 days in disciplinary segregation was improper without review of evidence of prison conditions. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-3170
|
U.S. v. Alexander
Court properly applied sentence enhancement based on possession of weapon during drug conspiracy. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-50199
|
U.S. v. Blajos
Government must prove Federal Deposit Insurance Corporation status of bank, not of money taken under 18 U.S.C. Section 2113. |
Criminal Law and Procedure |
|
Aug. 7, 2002 | |
|
01-56124
|
Miranda v. Castro
Reliance on counsel's erroneous advice does not warrant equitable tolling of one-year statute of limitations on filing habeas corpus petition. |
Criminal Law and Procedure |
|
Aug. 7, 2002 |
