| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-10272
|
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-50371
|
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-15432
|
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
99-30219
|
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
G028277
|
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
E027539
|
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
24495-1
|
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
H018805
|
People v. Lugas
Statutory amendment making issuance of certificate of rehabilitation discretionary, rather than mandatory, isn't ex post facto law. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
25652-5
|
State v. Bernal
Charge of homicide by controlled substance dismissed because state failed to show that victim died after ingesting drugs delivered by defendant. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
47092-2
|
State v. Osalde
Victim's testimony of psychological abuse adequately supports exceptional sentence for domestic violence involving prolonged pattern of abuse. |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
99-4046
|
U.S. v. Macias
Order |
Criminal Law and Procedure |
|
Nov. 15, 2001 | |
|
00-7139
|
Whittier v. Hargett
Order |
Criminal Law and Procedure |
|
Nov. 14, 2001 | |
|
99-35657
|
Weighall v. Middle
If state's application of federal law on ineffective assistance of counsel isn't clearly erroneous or unreasonable petitioner is not entitled to federal habeas relief. |
Criminal Law and Procedure |
|
Nov. 14, 2001 | |
|
99-6005
|
U.S. v. Maddux
Order |
Criminal Law and Procedure |
|
Nov. 14, 2001 | |
|
S078176
|
People v. Valley
Order |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
S083265
|
People v. Rowland
Order |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
B125169
|
People v. Rowland
Trial court abuses its discretion when it removes a juror, for allegedly failing to deliberate, without first making an adequate inquiry. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-2115
|
U.S. v. Constantine
Obsessive compulsive disorder did not negate crime of attaching silencer to gun in facilitation of felony. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-2093
|
Woodward v. Williams
Hearsay statement was admissible excited utterance and did not violate confrontation clause. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-3138
|
U.S. v. Zubia-Melendez
Court correctly denies motion to suppress evidence seized during search of defendant's vehicle when probable cause supported stop and consent was voluntary. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-3339
|
U.S. v. Busekros
Court erred in denying federal benefits in case where defendant assisted government in prosecuting gang leaders. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-5010
|
U.S. v. Elliott
Defendant's waiver of right to appeal conviction includes waiver of right to appeal district court's denial of motion to withdraw guilty plea. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-2299
|
US v. Pompey
Court did not err in finding defendant competent to stand trial. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-2337
|
U.S. v. Rodriguez-Aguirre
Among other things, court errs in dismissing case for lack of standing and applying doctrine of laches when applicable statute of limitations exists. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-4087
|
U.S. v. Santana-Garcia
Motion to suppress is reversed where officer had probable cause to detain suspects at time of their consent to search. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-50366
|
U.S. v. Ochoa-Gaytan
Criminal defendant may be eligible for reduced sentence for acceptance of responsibility despite refusal to plead guilty. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-30389
|
U.S. v. Sparks
Defendant's prior conviction did not qualify him for sentencing under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
B140643
|
People v. International Fidelity Insurance Co.
Failure to adhere to requirements of Penal Code Sections 1305 and 1306 voided summary judgment on bail bond. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-17311
|
Campbell v. Rice
Habeas petition granted for ineffective assistance of counsel where defense attorney was facing felony drug charges from same prosecutorial agency. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-50402
|
U.S. v. West Coast Aluminum Heat Treating Co.
Court did not err by using loss calculation based on government's net profit analysis in determining fine to be imposed on defendants. |
Criminal Law and Procedure |
|
Nov. 13, 2001 |
