| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-99024
|
Ainsworth v. Woodford
Defendant, whose attorney failed to investigate and present mitigating evidence at penalty phase of trial, received ineffective assistance. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
01-6019
|
U.S. v. Hannah
Court did not provide adequate explanation for three level upward departure in defendant's sentence. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-50228
|
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-30083
|
U.S. v. Summers
Fourth Amendment was not violated by voluntary police stop, jury instructions were not confusing, and Armed Career Criminal Act is facially constitutional. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-50075
|
U.S. v. Chavez- Valenzuela
Fourth Amendment violation is found when driver's nervousness was not sufficient factor for reasonable suspicion to warrant officer's request of vehicle search. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-3411
|
U.S. v. Adams
Trial court did not err by excluding expert testimony that merely vouched for credibility of another witness. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
01-3209
|
US v. Sherwin
Patrol car door qualifies as dangerous weapon for purposes of applying sentencing guidelines of aggravated assault offense. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
00-3365
|
U.S. v. Williams
Nervousness of driver and discrepancy of car rental papers justified search of automobile. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
69851-1
|
State v. Fire
Defendant was not prejudiced when required to use peremptory challenge to excuse juror who should have been dismissed for cause. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
B145692
|
People v. Mabini
Testimony of child with whom defendant committed similar acts of child molestation was sufficient to corroborate victim's testimony. |
Criminal Law and Procedure |
|
Dec. 3, 2001 | |
|
25908-7
|
State v. Rasmussen
Defendant sentenced for four offenses on same day should have received concurrent sentences. |
Criminal Law and Procedure |
|
Nov. 30, 2001 | |
|
19493-1
|
State v. Vasquez
Licensing department's findings regarding probable cause do not prevent trial court from revisiting issue. |
Criminal Law and Procedure |
|
Nov. 30, 2001 | |
|
19688-7
|
State v. DeVries
Juvenile defendant denied right to present closing argument is entitled to new trial. |
Criminal Law and Procedure |
|
Nov. 30, 2001 | |
|
00-5094
|
U.S. v. Hanson
Upward sentence departure for pre-meditated murder appropriate. |
Criminal Law and Procedure |
|
Nov. 30, 2001 | |
|
B137038
|
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
S091666
|
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-2004
|
U.S. v. Minjares-Alvarez
Among other things, suppression of defendant's statements made to federal agents isn't appropriate remedy for violation of Vienna Convention on Consular Relations. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-30168
|
U.S. v. Purdy
Statute which prosecutes 'unlawful users of controlled substances' survives vagueness challenge. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-3321
|
U.S. v. Smith
Completion of first step in process of manufacturing methamphetamine constituted substantial step and warranted imposing longer sentence. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-50238
|
U.S. v. Davis
Court did not depart downward based on defendant's diminished mental capacity because criminal history demonstrated need for incarceration to protect public. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-10400
|
U.S. v. Cannon
Storage rooms connected to guest house are within curtilage of main house and therefore are covered by search warrant. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-35721
|
Wixom v. State
Habeas petition is properly denied as untimely where prisoner did not file appeal until more than year after conclusion of direct review. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-30044
|
U.S. v. Bishop
Evidence admitted from illegal vehicle stop was not harmless error because it was principal basis for drug conspiracy conviction. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
00-15366
|
Welch v. Newland
Because prisoner's state habeas petition was pending, statute of limitations was tolled for filing of federal habeas petition. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
01-99000
|
Spears v. Stewart
Arizona's system for appointing counsel for indigent capital defendants in state post-conviction proceedings meets requirements for special habeas corpus procedures. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
A086570
|
People v. Briscoe
Defendant's challenges to jury instructions and conviction of special circumstances murder under provocative act murder doctrine are without merit. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
98-99002
|
Summerlin v. Stewart
Habeas petitioner is entitled to evidentiary hearing on mental competency of trial judge, who allegedly used marijuana during trial and sentencing. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
A088619
|
In re Robbie
Trial court abuses discretion in admitting expert testimony constituting improper profile evidence. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
98-99022
|
Phillips v. Woodford
Defendant sentenced to death is entitled to new hearing because prosecutor may have presented false testimony during trial. |
Criminal Law and Procedure |
|
Nov. 29, 2001 | |
|
B147885
|
People v. Belmudes
Attempted robbery conviction is not violent offense eligible for gang enhancement. |
Criminal Law and Procedure |
|
Nov. 29, 2001 |
