| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C037315
|
People v. Turner
Defendant's failure to timely file motion to withdraw guilty plea waived right to appeal. |
Criminal Law and Procedure |
|
Apr. 8, 2002 | |
|
S095992
|
Manduley v. Superior Court (People)
Welfare and Institutions Code Section 707(d), allowing prosecutors to bring charges against minors directly in criminal court, is constitutional. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
C037114
|
People v. McGarry
Prisoner's monetary credit must be applied proportionally among obligations to pay base fine, penalties, restitution. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
C034939
|
People v. Hunter
Because defendant failed to file motion to suppress evidence uncovered in execution of search warrant, his challenge is not cognizable on appeal. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
S091421
|
People v. McKay
Custodial arrests for fine-only offenses do not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
A091586
|
People v. Kozlowski
PIN code is property for purposes of kidnapping for extortion conviction. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-50171
|
U.S. v. Molina-Tarazon
Removal of fuel tank at border checkpoint is not routine search for which no suspicion is required. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-30023
|
U.S. v. Hill
Accessory indictment that fails to specify principal's crime is not legally sufficient. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-16943
|
Brown v. Roe
Dismissal of petition for writ of habeas corpus as untimely is improper. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
C037999
|
People v. Smith
Police were authorized to search purse of woman residing in same room as probationer suspected of drug offense. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
99-99009
|
Wai Silva v. Woodford
Death row inmate was improperly denied evidentiary hearing to determine existence of alleged 'Brady' violation. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
01-50328
|
U.S. v. Hardy
In determining defendant's sentence, district court should have used wholesale value of stolen goods in calculating victim's loss. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
C037230
|
People v. Iniguez
Conviction for conspiracy to commit attempted murder is reversed because offense does not exist. |
Criminal Law and Procedure |
|
Apr. 4, 2002 | |
|
E028823
|
People v. McNamee
Penal Code Section 2933.2(c) bars presentence conduct credits against determinate and indeterminate terms of convicted murderer's sentence. |
Criminal Law and Procedure |
|
Apr. 4, 2002 | |
|
D032699
|
People v. Engelman
Jurors can be instructed to notify court if another juror expresses intention to disregard law in reaching verdict. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-30296
|
U.S. v. Gill
In determining drug quantity for sentencing purposes, court should have used preponderance-of-evidence standard. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
99-10336
|
U.S. v. Mills
Statement that defendant was 'probably an old hippie' who smoked marijuana from juror who was neighbor of defendant wasn't prejudicial. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
97-99017
|
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-30411
|
U. S. v. Male Juvenile (Pierre Y.)
Federal district court had criminal jurisdiction over Native American juvenile adjudged juvenile delinquent for committing burglaries. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
S014497
|
People v. Lawley
Death-row inmate's sentence was improper as to conspiracy count since sentence already imposed for murder. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
S085224
|
Marks v. Superior Court (People)
In death penalty cases, although habeas corpus counsel may make suggestions, appellate counsel has ultimate control of record correction process. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-50656
|
U.S. v. Watkins
Misbranding liability under Food, Drug, and Cosmetic Act requires proof of materiality under theories of intent to defraud or mislead. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
00-10443
|
U.S. v. Martin
Leadership enhancement applied to money laundering and mail fraud does not qualify as 'impermissible double counting.' |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
99-15225
|
Robinson v. Solano County
Police officers are immune from federal claim they used excessive force in seizing at gunpoint unarmed man suspected of shooting dogs. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
99-50700
|
U.S. v. Khatami
'Corruptly persuades' language of statute encompasses non-coercive attempt to tamper with prospective witnesses. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
B135755
|
People v. Willis
Court's failure to reseat new jury panel after finding defendant used peremptory challenges in racially biased manner constitutes prejudicial error. |
Criminal Law and Procedure |
|
Apr. 3, 2002 | |
|
01-0153
|
State v. Rosas-Hernandez
Witness may invoke right against self-incrimination while petition for post-conviction relief is pending. |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
01-0280
|
Arizona v. Flores
Without defendant's suppressed statements, there exists a lack of corpus delecti to maintain charge of narcotics sale |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
B153002
|
City of Los Angeles v. Superior Court (Davenport)
Whether defendant has shown good cause in 'Pitchess' motion should be tested by adversarial proceedings whenever possible. |
Criminal Law and Procedure |
|
Apr. 2, 2002 | |
|
C032547
|
People v. Hargrove
Trial court does not err in its instructions on prosecutor's theories of first-degree murder. |
Criminal Law and Procedure |
|
Apr. 2, 2002 |
