| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F034208
|
People v. Brown
DNA evidence is admissible because scientists followed proper laboratory procedures. |
Criminal Law and Procedure |
|
Sep. 12, 2001 | |
|
B146305
|
People v. Tapia
When defendant's probation has expired, order finding him in violation is void and court doesn't have jurisdiction to extend probation term. |
Criminal Law and Procedure |
|
Sep. 12, 2001 | |
|
99SC602
|
Martin v. People
Trial court incorrectly added period of parole to defendant's sentence because parole board has sole discretionary authority to determine defendant's parole eligibility. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S081438
|
People v. Sandoval
Order |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
B143800
|
People v. Hardacre
Sexually violent predator who failed to complete therapy or show that he was able to control his pedophilia was properly recommitted. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S097882
|
People v. Harrah
Order |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
D035265
|
People v. Gordon
Ceramic pieces of spark plug aren't burglar's tools within meaning of statute providing for possession of burglar's tools. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
G027381
|
Anthony L. v. Superior Court (People)
Street Terrorism Enforcement and Prevention Act was intended to punish both felony and misdemeanor crimes committed in furtherance of criminal street gang. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
B144240
|
People v. Thomas
No federal constitutional violation occurred where defense counsel waived defendant's state statutory right to jury trial on prior prison term allegations. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S090076
|
People v. Sengpadychith
Court erred when it failed to find specific felonies comprising gang's primary activities. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S020032
|
People v. Lewis
First-degree murder conviction upheld despite problems with testimony of primary witness. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S075232
|
People v. Collins
Waiver of jury trial obtained by court's assurance of an unspecified benefit isn't valid waiver. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
S030416
|
People v. Ochoa
Death penalty sentence stands for defendant convicted of multiple counts of first degree murder committed during robbery. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
H017310
|
People v. Vargas
Defendant's numerous challenges to sentence for conspiracy and murder are without merit. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
99SC513
|
People v. Saiz
Trial court acted within discretion, concluding purpose of videotaped statements had been accomplished through cross-examination of detective who took original statement. |
Criminal Law and Procedure |
|
Sep. 11, 2001 | |
|
00-7008
|
Johnson v. Gibson
Order |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-6298
|
Daniels v. U.S.
Petitioner's request for permission to file successive habeas petition is denied because claim fails 'Teague' inquiry. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
98-99018
|
Murtishaw v. Woodford
Death sentence reversed because court gave erroneous jury instruction that resulted in ex post facto violation. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-3188
|
U.S. v. Riggans
Failure to instruct jury on crime element didn't affect trial's fairness and court correctly decided that bank larceny was crime of violence. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
98-50748
|
U.S. v. Najjor
Court errs in failing to consider all evidence in calculating amount of restitution owed to bank. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
99-10148
|
U.S. v. Barrios-Gutierrez
At plea colloquy, court need only give notice of maximum possible penalty provided by law, and not defendant's actual maximum sentence. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-7033
|
U.S. v. Cernobyl
Sentence for drug possession may not be based on quantities not alleged in indictment and proved beyond reasonable doubt. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-50351
|
U.S. v. Rodriguez-Cruz
Defendant convicted of smuggling aliens deserves greater sentence when alien froze to death during rare mountain snowstorm. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-2300
|
U.S. v. Tan
Defendant's seven prior drunk-driving convictions are properly offered to prove malice element of second-degree murder charge. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-10077
|
U.S. v. Sar-Avi
Although plea agreement did not prohibit defendant's request for return of forfeited bond, request was properly denied in light of defendant's 'chutzpah.' |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
97-10255
|
U.S. v. Jordan
Defendant must be resentenced because disproportionate impact of enhancements requires proof by clear and convincing evidence. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-1015
|
Moore v. Marr
Individual convicted of first-degree assault is denied habeas relief based on ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-10042
|
U.S. v. Murillo
Evidence of defendant's car rental history admissible to show knowledge that drugs were hidden in car. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
00-8012
|
U.S. v. Sullivan
Applying amended sentencing guidelines to defendant's offenses committed before amendment violates ex post facto clause. |
Criminal Law and Procedure |
|
Sep. 10, 2001 | |
|
01-0130
|
Arizona v. Olcavage (Adair)
Phlebotomists are qualified to draw blood without doctor supervision for DUI purposes. |
Criminal Law and Procedure |
|
Sep. 10, 2001 |
