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Case #	Name	Category	Court	Judge	Published
04-104	U.S. v. Booker Blakely applies to Federal Sentencing Guidelines so that they must be considered advisory.	Criminal Law and Procedure			Apr. 7, 2005
B160417	People v. Shabazz Defendant's photo in array didn't suggest he was police suspect; individual murdered was intended victim for purpose of street-gang special circumstance.	Criminal Law and Procedure			Apr. 4, 2005
03-1293	Whitfield v. United States An overt act is not an element in conspiracy to commit money laundering.	Criminal Law and Procedure			Mar. 31, 2005
B170486	People v. Washington Defendants who forced bank manager to move 25 feet to open vault are not guilty of kidnapping for purpose of robbery.	Criminal Law and Procedure			Mar. 30, 2005
03-1039	Brown v. Payton Appellate court's decision was contrary to limits on federal habeas review imposed by Antiterrorism and Effective Death Penalty Act.	Criminal Law and Procedure			Mar. 29, 2005
D040806	People v. Lewis Trial court will resentence defendant convicted of assaulting four-month old child.	Criminal Law and Procedure			Mar. 24, 2005
D041452	People v. Mullens Where court admits propensity evidence of defendant's uncharged sex offense, it must also admit evidence of acquittal for that offense.	Criminal Law and Procedure			Mar. 23, 2005
02-16992	Bruce v. Terhune Court's instruction to jury on burden of proof must be reviewed in light of the overall charge, not in artificial isolation.	Criminal Law and Procedure			Mar. 23, 2005
03-407	Kowalski v. Tesmer Attorneys lack third-party standing to assert rights of indigent defendants denied appellate counsel.	Criminal Law and Procedure			Mar. 23, 2005
03-710	Devenpeck v. Alford Warrantless arrest is reasonable if given facts known to officer, there is probable cause to believe that crime has been committed.	Criminal Law and Procedure			Mar. 23, 2005
B166204	People v. Lee Tape-recorded police interviews with witnesses contacted by police after incident are testimonial.	Criminal Law and Procedure			Mar. 22, 2005
00-99000	Payton v. Woodford Defendant who was sentenced to death without full consideration of his religious conversion was entitled to habeas relief.	Criminal Law and Procedure			Mar. 22, 2005
B170806	People v. Boulden Trial court's prophylactic order for counsel not to misuse peremptory challenges was reasonable.	Criminal Law and Procedure			Mar. 22, 2005
B173901	People v. Durazo Traffic stop and search are unreasonable when based solely on officer's hunch that occupants were involved in criminal activity.	Criminal Law and Procedure			Mar. 18, 2005
02-15866	Bockting v. Bayer Admission of child abuse victim's statement to detective without cross-examination at trial was not harmless error.	Criminal Law and Procedure			Mar. 18, 2005
03-8661	Smith v. Massachusetts Trial judge may not reconsider count after facially unqualified mid-trial dismissal if availability of reconsideration is not already established.	Criminal Law and Procedure			Mar. 18, 2005
D043159	People v. Rucker Evidence of prior domestic violence incident was admissible against defendant who shot ex-boyfriend.	Criminal Law and Procedure			Mar. 17, 2005
B177775	People v. Thomas Appeal after no contest plea must be dismissed where defendant failed to secure probable cause certificate.	Criminal Law and Procedure			Mar. 17, 2005
C043447	People v. Marlin Defendant who pled no contest to murder cannot raise issues regarding his guilt or innocence on appeal.	Criminal Law and Procedure			Mar. 17, 2005
03-15715	Castillo v. McFadden Plaintiff failed to exhaust state remedies before seeking federal habeas relief.	Criminal Law and Procedure			Mar. 16, 2005
03-633	Roper v. Simmons Death penalty may not be imposed on offenders who committed their crimes before age of 18.	Criminal Law and Procedure			Mar. 15, 2005
03-9168	Shepard v. U.S. Sentencing court cannot examine police reports or complaint applications to determine whether guilty plea supported conviction for generic burglary.	Criminal Law and Procedure			Mar. 15, 2005
99-99030	Hayes v. Brown Prosecutor's knowing presentation of false evidence during murder trial violated defendant's due process rights.	Criminal Law and Procedure			Mar. 15, 2005
A103716	People v. Saphao 'Separate occasion test' will determine whether multiple sentences should run concurrently or consecutively.	Criminal Law and Procedure			Mar. 14, 2005
D043159	People v. Rucker Evidence of prior domestic violence incident was admissible against defendant who shot ex-boyfriend.	Criminal Law and Procedure			Mar. 4, 2005
C034960	People v. Vo Sufficient evidence existed to support 'predicate offense' element of defendants' gang enhancements; erroneous jury instructions were harmless error.	Criminal Law and Procedure			Mar. 3, 2005
G032245	People v. Martinez Sufficient evidence supports defendant's conviction for active participation in street gang.	Criminal Law and Procedure			Feb. 23, 2005
H026166	People v. Caudillo Third party's 911 call immediately after shooting was not testimonial.	Criminal Law and Procedure			Feb. 16, 2005
S030956	People v. Ramos Defendant who sought death penalty was competent to plead guilty to murder charges.	Criminal Law and Procedure			Feb. 15, 2005
S106273	People v. Seel Double jeopardy protection precludes retrial of premeditation allegation after appellate finding of evidentiary insufficiency.	Criminal Law and Procedure			Feb. 15, 2005