| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-35584
|
U.S. v. Scrivner
Use of affidavit from civil forfeiture proceeding violates right against self-incrimination when used in criminal case. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
97-10385
|
U.S. v. Velez
Enhancement may not be imposed for abuse of position of trust if it is already included in the base offense level. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
B119466
|
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. |
Criminal Law and Procedure |
|
Jun. 13, 2000 | |
|
97-30001
|
U.S. v. Timbana
Plea colloquy with a defendant with low intelligence and physical impairment, is proper when defendant confirms prosecutor's evidence. |
Criminal Law and Procedure |
|
Jun. 13, 2000 | |
|
98-50589
|
U.S. v. Castillo-Casiano
Failure to consider whether nature of defendant's underlying conviction warrants a downward departure constitutes judicial error. |
Criminal Law and Procedure |
|
Jun. 12, 2000 | |
|
98-50589
|
U.S. v. Castillo-Casiano
Failure to consider whether nature of defendant's underlying conviction warrants a downward departure constitutes judicial error. |
Criminal Law and Procedure |
|
Jun. 12, 2000 | |
|
97-99016
|
Wallace v. Stewart
Failure to develop evidence during sentencing is ineffective assistance of counsel because mitigation evidence might be key in avoiding death penalty. |
Criminal Law and Procedure |
|
Jun. 12, 2000 | |
|
98-50316
|
U.S. v. Pino-Noriega
Defendant waives right to testify when he waits until after jury verdict to inform court of his desire to testify. |
Criminal Law and Procedure |
|
Jun. 12, 2000 | |
|
98-16333
|
Stubbs v. Gomez
Prosecutor doesn't use peremptory challenges discriminatorily, where they were used to excuse 3 black jurors after excusing the 5 others for cause. |
Criminal Law and Procedure |
|
Jun. 12, 2000 | |
|
98-15589
|
U.S. Postal Service v. Amada
Service which pools lottery tickets isn't lottery when there is no offer of prize by chance in exchange for consideration. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-15704
|
Resnick v. Hayes
Prisoner's constitutional rights are not violated by continued confinement in administrative segregation pending hearing on disciplinary charge that is not sustained. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
99-50200
|
U.S. v. Whitehead
Although court erred in admitting evidence of defendant's post-arrest and pre-Miranda silence, other evidence of overwhelming guilt is sufficient to convict. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-56526 and 98-56591
|
Page v. Torrey
Detainee subject to civil commitment under Sexually Violent Predators Act isn't subject to financial reporting and exhaustion requirements of Prison Litigation Reform Act. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-50601
|
U.S. v. Dixon
Jury instruction that illegal alien smuggler's flight could be interpreted as consciousness of guilt is valid. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-30130
|
U.S. v. Sandoval
Camper has reasonable expectation of privacy in tent on public land even though camper didn't have permission to camp on land. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
99-99007
|
Ashmus v. Woodford
Expedited habeas corpus procedure under Antiterrorism and Death Penalty Act requires state system for appointment, compensation and qualification of death penalty counsel. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-10355
|
U.S. v. Van Loben Sels
Sentence enhancement for repetitive contamination of environment is not precluded when contaminated wastewater is rendered not toxic. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-10490
|
U.S. v. Daas
Sale of over-the-counter medication mixed with listed chemicals, which is prohibited by federal statute, warrants conviction. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
99-10014
|
U.S. v. Bahe
Court has authority to confine defendant to halfway house as condition of supervised release, even if not expressly provided for by federal sentencing statute. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-10001
|
U.S. v. Tank
Chat room log printouts concerning internet child pornography scheme is admissible when government can establish authenticity of printouts and connection to defendant. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
99-30037
|
U.S. v. Waites
Assimilative Crimes Act does not permit application of Oregon criminal trespass statute to conduct committed within U.S. post office. |
Criminal Law and Procedure |
|
Jun. 9, 2000 | |
|
98-10395
|
U.S. v. Mattarolo
Veteran officer who stops truck and conducts pat-down search after observing truck leave construction site at night with crate isn't Fourth Amendment violation. |
Criminal Law and Procedure |
|
Jun. 8, 2000 | |
|
99-6281
|
Daniel v. Merritt
Order |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
99-4169
|
U.S. v. Merkeley
Order |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
98-4195
|
U.S. v. Begay
Order |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
99-4153
|
U.S. v. Begay
Order |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
99-6337
|
U.S. v. Fortune
Order |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
99-3159
|
U.S. v. Stewart
Order |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
99-4071
|
U.S. v. Jones
Right to speedy trial not compromised where serious offense involved, delay not prosecutorial neglect or bad faith; and no material prejudice to defendant. |
Criminal Law and Procedure |
|
Jun. 7, 2000 | |
|
99-0283, 99-0284 and 99-0286
|
State v. Wyman
Absent reasonable suspicion of criminal activity, officer's repeated requests for defendant to stop and talk with him violate defendant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
Jun. 7, 2000 |
