| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-17124
|
Green v. White
Court errs in denying habeas petition when juror's pattern of lies and misbehavior creates 'destructive uncertainties' about his ability to serve impartially. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-17351
|
Lyons v. Crawford
Petitioner for habeas corpus has not exhausted state remedies when he fails to specifically characterize claims in state court as federal claims. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-15184
|
Drayden v. White
Appeals court denies habeas petition of convicted murderer who alleges prosecutor violated his right to due process in closing argument. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-30062
|
U.S. v. Oaxaca
Evidence seized after warrantless arrest of defendant in his open garage is inadmissible. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-35266
|
Downs v. Hoyt
Court affirms denial of habeas petition to mother convicted of murdering daughter despite district court's use of erroneous standard. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-50659
|
U.S. v. Martinez
Defendant's conviction for transporting marijuana does not establish conviction of offense defined by career criminal guideline supporting sentence enhancement. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-56530
|
Richards-Diaz v. Fasano
Repeal of statute allowing alien to apply for discretionary relief from deportation is not impermissibly retroactive. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
98-99024
|
Anderson v. Calderon
Petitioner's confession obtained during illegal arraignment delay is sufficiently attenuated from illegality when he volunteers to confess during legal detention. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-10232
|
U.S. v. Corey
Federal court has jurisdiction over criminal case in which U.S. citizen is charged with sexual abuse committed at U.S. installations abroad. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
98-35052
|
Whelchel v. State
Confrontation clause is violated when court admitts into evidence tape-recorded statements of unavailable co-defendant's implicating defendant in murder trial. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
98-56880
|
Nguyen v. Lindsey
Although prosecutor presented different evidence of who fired first shot in separate trials for same murder, there is no violation of due process. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-50175
|
U.S. v. Garcia-Valenzuela
Despite pleading guilty, defendant may challenge court's denial of government's motion to dismiss counts against him. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-50720
|
U.S. v. Pacheco-Zepeda
Sentence for illegal re-entry may be increased for prior aggravated felonies that were not charged in indictment. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-50195
|
U.S. v. Munoz
In fraudulent investment scheme, intended loss without offset by value recovered by victims is appropriate standard in calculating defendants' sentences. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
00-30033
|
U.S. v. Penn
Defendant is not permitted to remove personal property from car before police inventory contents for impoundment. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-10435
|
U.S. v. Garcia-Guizar
District court's correction of calculating error that adds 33 months to original sentence is not vindictive or violative of due process. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-30325
|
U.S. v. Lynch
To convict under Archeological Resources Protection Act, Government must show defendant knew skull he removed from public land was 'archeological resource.' |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
99-55627
|
Hunt v. Early
Habeas petitioner may be entitled to finding of impediment or equitable tolling based on unavailability of federal statute stating statute of limitations. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
98-10518
|
U.S. v. Rojas-Millan
In determining if defendant was minor participant court should have evaluated defendant's role in criminal scheme relative to all participants. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
98-30233
|
U.S. v. Seesing
Pro se letter withdrawing plea may be recharacterized by court as motion for relief when defendant provides informed consent. |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
00-7036
|
Clayton v. Boone
Order |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
00-7042
|
Chatman v. Saffle
Order |
Criminal Law and Procedure |
|
Feb. 1, 2001 | |
|
A088553
|
People v. Andrade
Court's omission of 'designed' from instruction regarding arson-sentence enhancement is not prejudicial error. |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
B131626
|
People v. Callejas
Defendant may not be fined under law that was enacted after he committed underlying offense. |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
G027134
|
People v. Superior Court (Blanquel)
Legislative oversight in including former Vehicle Code Section when enacting new section did not effect substantive change in law. |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
F032595
|
People v. Butler
Defendant's threat 'to hurt' victim is sufficient to constitute terrorist threat although no specifics regarding time and manner of execution were stated. |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
A086591
|
People v. Hardin
Use of imperfect self-defense against victim isn't available where defendant unlawfully enters victim's home and poses threat to life and safety. |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
00-1197
|
U.S. v. Guzman-Otero
Order |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
99-1554
|
Brightbill v. U.S.
Order |
Criminal Law and Procedure |
|
Jan. 31, 2001 | |
|
00-6014
|
Williams v. Gibson
Order |
Criminal Law and Procedure |
|
Jan. 31, 2001 |
