| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99SC602
|
Martin v. People
Conviction for sexual offense occurring before enactment of statute subject to discretionary parole not to exceed remainder of maximum sentence of incarceration. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
B149435
|
People v. Schofield
Warrantless arrest permitted to prevent destruction of evidence when misdemeanor is not committed in officer's presence. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
B142170
|
People v. Dubon
Alien who pleaded nolo contendere is deemed to have received advisement of immigration consequences despite lack of official transcript of hearing. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
B142250
|
People v. Solis
Other than one minor sentencing claim, court rejects defendant's challenge to sentencing and sufficiency of evidence. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
A092450
|
People v. Hutchins
Sentence enhancement for using firearm to commit murder did not expose defendant to double punishment for single crime. |
Criminal Law and Procedure |
|
Sep. 6, 2001 | |
|
00-0219
|
In re Alex M.
When statute underlying delinquency plea is unconstitutional and juvenile violates probation, plea agreement should be vacated and previously dismissed charges reinstated. |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
99-0569
|
State v. Green
Probative value of defendant's prior convictions occurring 15 years earlier is outweighed by their prejudicial effect. |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
01-0004
|
In re Joel R.
When pursing fleeing vehicle, statute requires law enforcement officers to use siren or other audible warning only 'as reasonably necessary.' |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
B117195
|
People v. Montes
Conviction for 'penetration by foreign object on person under 14' is violent felony under 'three strikes.' |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
98CA0838
|
People v. Stewart
Defendant's right to equal protection violated when two statutes provided different punishments for same offense. |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
98CA2186
|
People v. Saleh
Defendant's use of foot to kick victim did not constitute use of deadly weapon to establish second degree assault. |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
98CA1944
|
People v. Cardenas
No double jeopardy violation occurs when first trial ended in mistrial with no verdict returned. |
Criminal Law and Procedure |
|
Sep. 5, 2001 | |
|
A091657
|
People v. Dieguez
Jury instruction was valid, counsel wasn't ineffective and defendant who partially committed crime in two counties may be tried in either. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
46874-0-I
|
State v. Brooks
Court errs in imposing Drug Offender Sentencing Alternative sentence by miscalculating the standard range of defendant's sentence. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
19228-8-III
|
State v. Moon
Conviction is reversed because guilty plea based on misinformation is involuntary. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
45228-2-I
|
State v. Valentine
Conviction for assault and attempted murder stemming from same act violates double jeopardy. |
Criminal Law and Procedure |
|
Sep. 3, 2001 | |
|
E021991
|
People v. Davis
Evidence of uncharged sexual offenses with minors are properly admitted in a defendant's trial for committing a lewd act upon a child. |
Criminal Law and Procedure |
|
Aug. 31, 2001 | |
|
99-16336
|
Hasan v. Galaza
Habeas petition is not untimely if filed within one year of learning of facts giving rise to the claim. |
Criminal Law and Procedure |
|
Aug. 30, 2001 | |
|
S086220
|
People v. Buckhalter
Convicted third-strike felon may earn custody credits for actual time served while awaiting resentencing, but other credits are unavailable. |
Criminal Law and Procedure |
|
Aug. 29, 2001 | |
|
68672-6
|
State v. Vrieling
Search of motor home defendant was driving was not unconstitutional. |
Criminal Law and Procedure |
|
Aug. 28, 2001 | |
|
19263-6-III
|
State v. Hurt
Defendant's guilty plea was not voluntary where he was unaware of statutory two-year minimum community placement requirement for vehicular manslaughter. |
Criminal Law and Procedure |
|
Aug. 28, 2001 | |
|
25465-4-II
|
State v. Prestegard
Court erred in not allowing defendant to rebut state's case by presenting evidence that sheriff's department habitually lost documents. |
Criminal Law and Procedure |
|
Aug. 28, 2001 | |
|
99-50354
|
U.S. v. Hernandez-Ramirez
Submitting false financial affidavit in order to obtain appointed counsel is sufficiently related to prosecution of offense to support upward sentencing adjustment. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
S076262
|
People v. Williams
Order |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
00-30135
|
U.S. v. Pierre
Because court's instructions on self-defense may have misled jury as to burden of proof, error isn't harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
44859-5
|
State v. Timothy K.
Defendant may be convicted of both malicious mischief and malicious harassment based on single incident. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
24879-4
|
State v. Dunn
Although preprinted rights forms did not adequately advise defendants of right to attorney, no harm occurred and evidence should be admitted. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
46044-7
|
Monroe v. State
Trial court did not adopt safeguards to prevent undue emphasis on certain testimony reviewed during jury deliberations. |
Criminal Law and Procedure |
|
Aug. 24, 2001 | |
|
00-50303
|
U.S. v. Garrett
Court has jurisdiction to revoke defendant's supervised release after term has expired because revocation warrant predated expiration and delay was reasonably necessary. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-50318
|
United States v. Arias
Sentencing for obstruction of witness testimony is determined by level of crime obstructed, not by guilt on underlying offense. |
Criminal Law and Procedure |
|
Aug. 23, 2001 |
