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Case #	Name	Category	Court	Judge	Published
B168276	People v. Thorbourn Trial court's dismissal of grand jury indictment against college bookkeeper was improper because less drastic remedies were available.	Criminal Law and Procedure			Oct. 7, 2004
S007531	People v. Haley Failure to instruct jury about intent element of murder requires reversal of death sentence.	Criminal Law and Procedure			Oct. 7, 2004
B166003	People v. Ramos Confession to gang shooting was voluntary but defendant is entitled to resentencing.	Criminal Law and Procedure			Oct. 7, 2004
S105978	People v. Jeffrey Defendant sentenced to prison waived entitlement to credit for future days spent in treatment facility.	Criminal Law and Procedure			Oct. 7, 2004
C044943	People v. High State court facilities construction penalty statute is penal in nature and cannot be imposed retroactively.	Criminal Law and Procedure			Oct. 7, 2004
02-35863	Lounsbury v. Thompson Habeas petitioner who fairly presented his competency claims to state's highest court can pursue relief in district court.	Criminal Law and Procedure			Oct. 7, 2004
A097724	People v. Hill Search of defendant's motel room was not unlawful just because police were unaware of his probation search condition.	Criminal Law and Procedure			Oct. 6, 2004
S106444	People v. Arnold Defendant who knowingly waives jail time custody credits may not challenge sentence based on alleged misunderstanding.	Criminal Law and Procedure			Oct. 6, 2004
B165281	People v. Woods Penal Code Section 12022.53 forbids courts from imposing listed gun use enhancements in addition to one providing longest term.	Criminal Law and Procedure			Oct. 6, 2004
03-56518	Gibson v. Ortiz Habeas corpus petition was properly granted due to constitutionally infirm jury instructions.	Criminal Law and Procedure			Oct. 6, 2004
02-56538	Carter v. Giurbino Petitioner's sufficiency of evidence claims were procedurally defaulted.	Criminal Law and Procedure			Oct. 6, 2004
A101223	People v. Pantoja Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy.	Criminal Law and Procedure			Oct. 6, 2004
01-56946	Caliendo v. Warden of California Men's Colony Conversation between trial witness and jurors in courtroom hallway did not violate defendant's right to fair trial.	Criminal Law and Procedure			Oct. 5, 2004
E033084	People v. Lewis Battery is not a lesser-included offense of torture.	Criminal Law and Procedure			Oct. 5, 2004
03-55974	Brewer v. Hall Petitioner was not entitled to habeas relief because jury instruction did not violate clearly-established federal law.	Criminal Law and Procedure			Oct. 5, 2004
04-99003	Dennis v. Budge Because prisoner did not lack requisite mental capacity, attorney is not entitled to 'next friend' status in his capital murder case.	Criminal Law and Procedure			Oct. 5, 2004
02-36038	Custer v. Hill Because crimes plaintiff was twice tried for were not part of same criminal episode, his 'double jeopardy' claim fails.	Criminal Law and Procedure			Oct. 5, 2004
02-50380	U.S. v. Kincade DNA profiling of conditionally-released offenders does not violate Fourth Amendment.	Criminal Law and Procedure			Oct. 5, 2004
S115009	In re Jennings Mistake of fact as to age is a defense against charge of buying alcohol for underage drinker who later causes serious accident.	Criminal Law and Procedure			Oct. 5, 2004
S067491	In re Seaton Failure to raise issues about which petitioner had evidence at trial precludes consideration of those issues in habeas corpus proceeding.	Criminal Law and Procedure			Oct. 5, 2004
G033402	In re Ogea Defendant convicted of drug possession while armed is not eligible for probation under Proposition 36.	Criminal Law and Procedure			Oct. 5, 2004
99-99018	Williams v. Woodford Court lacks jurisdiction to consider defendant's motion for relief from judgment under Federal Rules of Civil Procedure 60(b).	Criminal Law and Procedure			Oct. 5, 2004
B159379	People v. Vasquez Court's error in denying defendant's motion to recuse district attorney's office was not prejudicial.	Criminal Law and Procedure			Oct. 5, 2004
S020670	People v. Lewis Defendant is not entitled to presentation of live testimony at hearing on modification application before substitute judge.	Criminal Law and Procedure			Oct. 5, 2004
D043106	People v. Robinson Defendant's attorney was not ineffective for failing to object to amendment to information.	Criminal Law and Procedure			Oct. 5, 2004
S112443	People v. Taylor Defendant held liable for second-degree implied malice murder of his victim's fetus.	Criminal Law and Procedure			Oct. 4, 2004
02-55650	Murdoch v. Castro Ruling which barred defendant from seeing or using purportedly exculpatory letter written by witness to witness's attorney may have denied defendant his confrontation right.	Criminal Law and Procedure			Oct. 4, 2004
F042905	People v. Johnson Jury instruction consisting of misdescriptions of burden of proof requires reversal of conviction.	Criminal Law and Procedure			Oct. 4, 2004
02-35776	Boyd v. Benton County Police officers who used 'flash-bang' device while conducting residential search are entitled to qualified immunity.	Criminal Law and Procedure			Oct. 4, 2004
02-30390	U.S. v. Hugs Condition of supervised release requiring qualified felon to provide DNA sample is a minimal intrusion on his right to privacy.	Criminal Law and Procedure			Sep. 29, 2004