| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-0438
|
State of Arizona v. Sansing
Among other things, defendant's challenge to sentencing court's finding of aggravating and mitigating factors is without merit. |
Criminal Law and Procedure |
|
Jul. 10, 2001 | |
|
00-35640
|
Van Buskirk v. Baldwin
Statute establishes due diligence predicate to actual innocence claims, thus, procedural default that could've been discovered through due diligence cannot be excused. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
00-5961
|
Tyler v. Cain
Law passed after prisoner's conviction does not justify second habeas petition because Supreme Court did not hold that law was retroactive. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
69382-0
|
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
99-50604
|
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
01-99002
|
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
00-6085
|
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
G027730
|
Garden Grove Police Dept. v. Superior Court (Reimann)
Court abuses discretion in ordering disclosure of police officers' birth dates to district attorney without requiring defendant to file 'Pitchess' motion. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
A090567
|
People v. Eccleston
Admitting hearsay testimony of molested child under age 12 does not violate defendant's constitutional right to confront witnesses. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
C036593
|
People v. Stevens
Sentencing court has authority to compel defendant to report to parole office upon release from prison. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
A090898
|
People v. Salazar-Merino (Salazar-Merino)
Penal Code Section 114, which provides that person using false documents to conceal true citizenship shall be punished by imprisonment, is constitutional. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
B148019
|
Cooley v. Superior Court (Edwards)
Probable cause hearing required for petition to recommit individual as sexually violent predator. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
A091903
|
People v. Cuevas
Three strikes sentence of 85 years to life was not excessive where defendant committed violent crimes and had serious criminal history. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
23273-II
|
State v. Pope
Defendant can be convicted of felony bail jumping for failure to appear at probation hearing. |
Criminal Law and Procedure |
|
Jul. 6, 2001 | |
|
98-15839
|
U.S. v. Garcia
Under Antiterrorism and Effective Death Penalty Act, federal conviction becomes final 90 days after time for filing certiorari petition expires. |
Criminal Law and Procedure |
|
Jul. 4, 2001 | |
|
99CA2105
|
People v. Shipley
Defendant convicted under special offender statute is ineligible for probation or community service. |
Criminal Law and Procedure |
|
Jul. 3, 2001 | |
|
F030545
|
People v. Vang
Gang members who sprayed bullets into occupied apartment during drive-by shooting did have deliberate intent to murder everyone inside structure. |
Criminal Law and Procedure |
|
Jul. 3, 2001 | |
|
H020663
|
People v. Carrillo
Court correctly determines it does not have discretion to conditionally dismiss strike allegations pursuant to Penal Code Section 1385. |
Criminal Law and Procedure |
|
Jul. 3, 2001 | |
|
C030917
|
People v. Sandoval
Prosecutor must make reasonable effort to obtain trial appearance of crucial witness who resides in Mexico. |
Criminal Law and Procedure |
|
Jul. 3, 2001 | |
|
S075263
|
People v. Murphy
Court should apply Three Strikes Law and habitual sexual offender statute in sentencing defendant who meets criteria of both. |
Criminal Law and Procedure |
|
Jul. 3, 2001 | |
|
69342-1
|
State v. Barker
Oregon police officer did not have authority of law to arrest intoxicated driver in Washington. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
69550-4
|
State v. Vreen
Erroneous denial of peremptory challenge is not harmless when objectionable juror actually deliberates on jury that convicted defendant. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
B134049
|
People v. Howze
Because of defendant's disruptive behavior and refusal to appear in court, court didn't err in commencing trial in defendant's absence. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
19403-5-III
|
State v. Marsh
Statute disqualifying non-English speaking potential jurors complies with public policy and is constitutional. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
18356-4-III
|
State v. Walls
As required by escape statute, defendant was detained pursuant to felony conviction when causal relationship between warrant and prior felony convictions exists. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
25535-9-II
|
State v. Leffingwell
Washington courts have jurisdiction if essential element of offense is committed in state. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
S082110
|
People v. Epps
Denial of jury trial for defendant's prior offenses does not require reversal of latest conviction. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
S059461
|
People v. Morales
No prosecutorial misconduct in closing statement that asserted drug use implies drug possession where defendant did not dispute possession. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
S082662
|
People v. Atkins
Evidence of voluntary intoxication does not negate requisite intent required to prove mental state for arson. |
Criminal Law and Procedure |
|
Jul. 2, 2001 | |
|
99CA0867
|
People v. J.M.
Trial court not authorized to sentence parent of juvenile delinquent to jail. |
Criminal Law and Procedure |
|
Jul. 2, 2001 |
