| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-4035
|
U.S. v. Urcino-Sotello
Court has discretion to impose consecutive or concurrent sentences in cases of supervised release violations. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
00-10396
|
U.S. v. Bushyhead
FBI agent shouldn't have been allowed to testify as to what defendant said when he invoked his right to silence. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
00-4107
|
U.S. v. Walters
Criminal defendant was entitled to ruling on motion for reduced sentence due to victim's conduct. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
97-99031
|
Mayfield v. Woodford
Ineffective assistance of counsel at penalty phase of capital case may have affected jury's decision and warrants new sentencing proceeding. |
Criminal Law and Procedure |
|
Dec. 13, 2001 | |
|
01-0251
|
Herreweghe v. State of Arizona
Felony DUI defendant's constitutional and statutory right to a reasonable opportunity to gather exculpatory evanescent evidence doesn't require his immediate release on bail. |
Criminal Law and Procedure |
|
Dec. 12, 2001 | |
|
26258-4
|
State v. Cuble
Conviction for firearms possession reversed because of defective jury instructions. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
00-30182
|
U.S. v. Highsmith
Sentence enhancement for possession of weapon was not justified where evidence was insufficient to prove defendant's knowledge of its presence. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
00-36102
|
Gunderson v. Hood
Bureau of Prisons Program statement may be applied to deny early release to prisoner who participates in drug rehabilitation program. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
70760-0
|
State v. Fisher
Issuance of bench warrant for defendant who violated condition of release does not require showing of probable cause. |
Criminal Law and Procedure |
|
Dec. 11, 2001 | |
|
99CA2431
|
People v. Lawrence
Statements made to wildlife officers during non-custodial interview admissible in trial on wildlife destruction charges. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00-17050
|
Thomas v. Hubbard
Several serious trial errors violated defendant's right to due process. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00CA0956
|
People v. Wiley
Trial court did not err in admitting evidence where defendant consented to search. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00-1260
|
U.S. v. Knights
Warrantless search supported by reasonable suspicion and permitted by probation condition does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
99-10538
|
U.S. v. Knights
Probation searches must be conducted for probation purposes only, not as part of separate criminal investigation. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
98CA2459
|
People v. Fennell
Right to speedy trial not violated where defendant was not convicted after a trial. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
E029320
|
In re Phelps
Law prohibiting fraud against homeowner facing foreclosure does not apply when owner does not reside in home. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
F036866
|
People v. Fox
Because defendant's prior Oregon conviction is a lewd and lascivious act regardless of intent, it constitutes a strike under California law. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
E028089
|
Wooten v. Superior Court (People)
Pimping and pandering charges are set aside where there was no prostitution, which requires bodily contact between prostitute and customer. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
B146784
|
People v. Renteria
When alternate juror is seated after deliberations have begun, court must instruct jury to begin deliberations anew. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
B151613
|
In re DeLong
Defendant found guilty but sentenced after drug probation initiative's effective date is convicted after effective date, and comes within ambit of proposition. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
C035576
|
People v. Rugamas
Court ordered restitution, imposed for reformation and rehabilitation, is authorized by statute. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
C036486
|
People v. Bianco
Court acted within its discretion in imposing probation condition prohibiting defendant, who obtained recommendation for medicinal marijuana, from using or possessing marijuana. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
F034485
|
People v. Acevedo
Court prejudicially erred in precluding cross-examination about partition ratio used to convert urine-alcohol measurement into blood-alcohol equivalent. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
26312-2
|
State v. Armstrong
Defendant who violated plea agreement cannot withdraw guilty plea, and state may file additional charges. |
Criminal Law and Procedure |
|
Dec. 10, 2001 | |
|
00CA1204
|
People v. McPherson
Resentencing of defendant to department of corrections after rejection of community corrections did not violate due process. |
Criminal Law and Procedure |
|
Dec. 9, 2001 | |
|
S086481
|
People v. Mancebo
Order |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
S094336
|
People v. Medina
Order |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
99-10440
|
U.S. v. Michaud
Police didn't initiate questioning after defendant invoked her right to counsel, therefore suppression motion was properly denied. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
99-50152
|
U.S. v. Adelzo-Gonzalez
Court abused its discretion by failing to make adequate inquiry into defendant's requests to substitute counsel. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-30161
|
U.S. v. Severino
Sentence of drug offender may be enhanced based on prior drug felony convictions so long as prosecution files information with court. |
Criminal Law and Procedure |
|
Dec. 6, 2001 |
