| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19558-9-III
|
State v. C.J.
Child's hearsay statements regarding his molestation are inadmissible because court did not determine if he was competent when he made the statements. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
45086-7-I
|
In re Marler
Parole board improperly ordered Mutual Agreement Program with no time frame; accrual of good time before and during program must be clarified. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
18999-6-III
|
State v. Mendoza-Solorio
Prosecutor cannot supplement record after trial to correct error in charging document. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
19279-2
|
State v. Nelson
Trial court improperly admitted defendant's testimony that stemmed from failed plea agreement. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
26149-9
|
State v. Halsten
Conviction of defendant who possessed drug found in cold tables reversed. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
00-0393
|
State v. Garcia Bail Bonds
Court errs in finding that defendant's incarceration in Colorado wasn't reasonable cause for his non-appearance in Arizona. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
00-0337
|
State v. Carrasco
Misrepresentation made to third party for purposes of delaying evidence qualifies as obstruction of justice. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
01-0062
|
State v. Nichols
Trial judge exceeded authority in finding drug enhancement statute unconstitutional. |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
00-0501
|
State v. Flores
Admitting suspect's 'confession' of public information did not violate 'Miranda.' |
Criminal Law and Procedure |
|
Nov. 1, 2001 | |
|
00-30193
|
U.S. v. Lemay
Introduction of prior acts of child molestation was not so prejudicial as to outweigh probative value. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-50555
|
U.S. v. Hayden
Federal jurisdiction exists for case of embezzlement and theft of McDonald's restaurant located on U.S. Naval Base. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-35133
|
Herbst v. Cook
Federal habeas petitioner is entitled to adequate notice and opportunity to respond prior to court's sua sponte dismissal of petition as untimely. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-15026
|
Price v. Turner
When 'Wiretap Act' provides no protection for plaintiff's cordless calls at time defendant intercepted them, court properly grants summary judgment for defendants. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-6374
|
Henderson v. Scott
Amended statute changing dates of parole consideration did not violate ex post facto clause. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-10349
|
U.S. v. Coutchavlis
Sufficient evidence supports disorderly conduct conviction when defendant's actions on public highway recklessly created 'risk of public alarm,' as required by regulation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-1276
|
U.S. v. Eaton
Court affirms conviction and sentence enhancements for possession of unregistered explosive devices. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-10251
|
U.S. v. Hitchcock
No violation of Posse Comitatus Act where 'legitimate military concerns' justify military's involvement in civilian criminal investigation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-55031
|
Fisher v. Roe
Absence of defendants and attorneys during readback of critical testimony in murder trial presents triable issue of due process violation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-55412
|
Dils v. Small
Court lacks jurisdiction to consider habeas petition filed after one-year deadline. |
Criminal Law and Procedure |
|
Oct. 29, 2001 | |
|
00-30335
|
U.S. v. Barragan
Sufficient evidence supported conviction for drug distribution conspiracy and money laundering. |
Criminal Law and Procedure |
|
Oct. 29, 2001 | |
|
99-16186
|
Gunn v. Ignacio
Prosecutor's breach of plea agreement entitles defendant to new sentencing hearing. |
Criminal Law and Procedure |
|
Oct. 29, 2001 | |
|
00-30145
|
U.S. v. Elias
With the exception of payment of restitution, defendant's conviction and sentence for Resource Conservation and Recovery Act is upheld. |
Criminal Law and Procedure |
|
Oct. 28, 2001 | |
|
99-50602
|
U.S. v. Velarde-Gomez
District court erred in admitting government's evidence of defendant's lack of physical or emotional reaction, which was tantamount to evidence of silence. |
Criminal Law and Procedure |
|
Oct. 28, 2001 | |
|
00-0439
|
State v. Thompson
Statute that defines "pre-meditation" for first-degree murder is unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 25, 2001 | |
|
A079252
|
People v. Simon
Failure to object to venue at preliminary hearing is a waiver because it's a factual issue for a magistrate. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
E024710
|
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
B114681
|
People v. Jones
Sex crimes against same victim, where parties change positions but not locations, constitute 'separate occasion' under one-strike law. |
Criminal Law and Procedure |
|
Oct. 24, 2001 | |
|
E023001
|
People v. Slayton
Car theft and burglary are closely related crimes which require that counsel for car theft charge be present before defendant is questioned on burglary charge. |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
S066991
|
People v. Sanchez
Order |
Criminal Law and Procedure |
|
Oct. 23, 2001 | |
|
S072071
|
People v. Jones
Review granted |
Criminal Law and Procedure |
|
Oct. 23, 2001 |
