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Case #	Name	Category	Court	Judge	Published
G033151	People v. Flores Firearm sentencing enhancement cannot be supported by showing that defendant killed his accomplice.	Criminal Law and Procedure			Aug. 9, 2005
D043571	People v. Tanner Revocation of defendant's Proposition 36 probation was premature.	Criminal Law and Procedure			Aug. 9, 2005
F047602	People v. Tulare County Superior Court (Gregory) Trial court lacked jurisdiction to enter any further orders on merits of case pending in state supreme court.	Criminal Law and Procedure			Aug. 9, 2005
D044282	People v. Mateljan Use of phlebotomists to draw blood from drunk driving suspects was lawful.	Criminal Law and Procedure			Aug. 9, 2005
C034960	People v. Vo Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement.	Criminal Law and Procedure			Aug. 9, 2005
G031747	People v. Miller Search of probationer was valid even though guilty plea resulting in probation was later vacated.	Criminal Law and Procedure			Aug. 9, 2005
03-10654	United States v. Becerra-Garcia Tribal rangers stop of trespassing van is reasonable.	Criminal Law and Procedure			Aug. 9, 2005
04-15751	Anderson v. Alameida Counsel need not challenge admission of confession on right to counsel ground where confession occurred during extradition.	Criminal Law and Procedure			Aug. 9, 2005
03-30231	U.S. v. Kama Defendant waived threshold issue of whether district court abused its discretion when it declined to exercise its equitable jurisdiction.	Criminal Law and Procedure			Aug. 9, 2005
F044982	People v. Ayers Domestic violence forms filled out by victim were admissible in defendant's spousal battery trial.	Criminal Law and Procedure			Aug. 9, 2005
04-10241	U.S. v. Alvarez-Gutierrez State misdemeanor conviction for sexual abuse of minor may be defined as aggravated felony for federal sentencing purposes.	Criminal Law and Procedure			Aug. 9, 2005
04-10076	U.S. v. Mayo Warrantless search of hatchback cargo area of vehicle incident to arrest of recent occupant was proper.	Criminal Law and Procedure			Aug. 9, 2005
B170571	People v. Arellano Defendant's death threats did not negate surprise element of lying-in-wait special circumstance.	Criminal Law and Procedure			Aug. 9, 2005
D043081	People v. Harrison Court was not required to hold competency hearing for defendant who made 'bizarre statements.'	Criminal Law and Procedure			Aug. 8, 2005
E035322	People v. Spence Defendant may be convicted of driving with invalid driver's license without showing of actual knowledge that license was suspended.	Criminal Law and Procedure			Aug. 8, 2005
S109746	Burris v. Superior Court (People) Misdemeanor prosecution is barred after one previous qualifying dismissal but felony prosecution is barred after two qualifying dismissals.	Criminal Law and Procedure			Aug. 8, 2005
A105374	People v. Amons New sentencing rules do not apply retroactively.	Criminal Law and Procedure			Aug. 8, 2005
C046395	People v. Hinkel Mere completion of treatment program under Proposition 36 does not establish reasonable cause to believe that defendant will not abuse drugs.	Criminal Law and Procedure			Aug. 8, 2005
S111309	People v. Betts Trial court should determine whether it has jurisdiction to adjudicate charge of crime committed outside of state.	Criminal Law and Procedure			Aug. 8, 2005
C045006	People v. Morgan Caller's reliable, non-assertive statements to police are admissible over a hearsay objection.	Criminal Law and Procedure			Aug. 8, 2005
B172763	People v. Watson Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute.	Criminal Law and Procedure			Aug. 8, 2005
03-55045	Buckley v. Terhune State court fact-finding at habeas hearing that rested solely on written record is entitled to presumption of correctness.	Criminal Law and Procedure			Aug. 8, 2005
03-30127	U.S. v. Schoneberg Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights.	Criminal Law and Procedure			Aug. 8, 2005
03-35738	Henderson v. Lampert Petitioner's failure to appeal dismissal of first habeas petition precludes him from challenging dismissal in second petition.	Criminal Law and Procedure			Aug. 8, 2005
F044512	People v. Parras Trial court's jury instruction on voluntary manslaughter without intent to kill was appropriate.	Criminal Law and Procedure			Aug. 8, 2005
F043820	People v. Jackson Defendant is guilty of robbery even though victim was unaware any property had been stolen until defendant fled scene.	Criminal Law and Procedure			Aug. 4, 2005
S030644	People v. Roldan Denial of continuance in death penalty case was proper in light of defendant's attempt to manufacture delay.	Criminal Law and Procedure			Aug. 3, 2005
F044412	People v. Enos Court may impose separate fines for several cases disposed of at single sentencing hearing.	Criminal Law and Procedure			Aug. 3, 2005
B177372	People v. McElwee Prosecutor's agreement to reduce defendant's offense did not bar him from arguing against parole.	Criminal Law and Procedure			Aug. 3, 2005
B175297	People v. Smith Prophylactic procedures required in appeal by indigent criminal defendant do not apply to appeal of commitment under Mentally Disordered Offender statute.	Criminal Law and Procedure			Aug. 3, 2005