| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18060-3
|
State v. Hall
Court's refusal to give voluntary intoxication and attempted assault instructions and to include intent in 'to convict' instructions was not error. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18190-1
|
State of Washington v. Cook
Probable cause to arrest where passenger of stopped vehicle gives officer independent cause to question and illegal drugs in plain view. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18308-4
|
State v. Hernandez-Hernandez
No ineffective assistance of counsel in cocaine delivery case where attorney argued mitigating factors for lower range standard sentence. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
C034462
|
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
B139597
|
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
99-6387
|
U.S. v. Sparks
Order |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
96-99020
|
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
96-99025
|
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-5115
|
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-4245
|
U.S. v. Magleby
Burning of cross at interracial couple's home is violation of civil rights when act is racially motivated and due to couple's presence in neighborhood. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-10501
|
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-3126
|
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-2013 and 00-2014
|
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-1007
|
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-16636
|
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
98-10449
|
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-50773
|
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-16010
|
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-50688
|
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
97-56182
|
Kleve v. Hill
Conviction for conspiracy to commit second degree murder stands despite later case that holds offense does not exist. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-10230
|
U.S. v. Davis
Congress has authority under Commerce Clause to support conviction for possession of firearm. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-5103
|
U.S. v. Julian
Although court was authorized to order restitution, order must be specific regarding costs of future counseling for sexual-abuse victims. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
S071080
|
Thompson v. Dept. of Corrections
Prisoner condemned to death was not entitled to visit with spiritual advisor for extra 20 minutes prior to execution. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-10168
|
U.S. v. Henderson
Violation of statute prohibiting destruction or alteration of government land requires proof of specific intent. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-50131
|
United States v. Verdin
Providing false identity is obstruction of justice warranting sentence enhancement under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-30241
|
U.S. v. Akins
Defendant who did not voluntarily waive right to counsel for domestic violence conviction may not be later indicted for firearms possession. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17968-1
|
State v. Campos
Evidence is sufficient to establish that defendant possessed cocaine with intent to deliver. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17521-9
|
State v. Williamson
Trial court may allow state to exercise peremptory challenge after jury is sworn and first witness has started to testify. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17856-1
|
State v. May
Defendant is entitled to jury instruction on unwitting possession in defense of charge of unlawful possession of a firearm. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-804
|
Cleveland v. United States
Unissued video poker licenses are property under mail fraud statute. |
Criminal Law and Procedure |
|
May 9, 2001 |
