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Case #	Name	Category	Court	Judge	Published
D043758	People v. Garrido Failure by defendant to renew motion to suppress evidence after denial of motion and subsequent guilty plea renders motion nonappealable.	Criminal Law and Procedure			Aug. 3, 2005
B170355	People v. Thoma Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth.	Criminal Law and Procedure			Aug. 3, 2005
F044512	People v. Parras Trial court's jury instruction on voluntary manslaughter without intent to kill was appropriate.	Criminal Law and Procedure			Aug. 2, 2005
S035367	People v. Harrison Prosecutor's religious comments during guilt phase did not constitute prosecutorial misconduct.	Criminal Law and Procedure			Aug. 2, 2005
S082299	In re Sakarias Prosecutor's use of inconsistent factual theories in separate trials of co-defendants requires vacation of death sentence.	Criminal Law and Procedure			Aug. 2, 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			Aug. 2, 2005
S130542	People v. Oliver Substantial evidence exists that pursuing police vehicle displayed at least one lighted red lamp and was distinctively marked.	Criminal Law and Procedure			Aug. 1, 2005
S026040	People v. Vieira Defendant cannot be sentenced to death for conspiracy to commit murder.	Criminal Law and Procedure			Aug. 1, 2005
03-17214	Pham v. Terhune Convicted murderer was entitled lab reports about gunshot residue on second shooter.	Criminal Law and Procedure			Jul. 31, 2005
02-10197	U.S. v. Hickey Because none of defendant's contentions raise colorable claim under collateral order doctrine, appeals are dismissed for lack of jurisdiction.	Criminal Law and Procedure			Jul. 31, 2005
02-16944	Barapind v. Enomoto Court determining whether offenses were political must focus on motivation for acts.	Criminal Law and Procedure			Jul. 31, 2005
04-50105	U.S. v. Garcia Aiding and abetting alien smuggling is same offense as substantive offense of alien smuggling, premised on different theory of liability.	Criminal Law and Procedure			Jul. 31, 2005
E034552	People v. Garcia District attorneys are not independently empowered to initiate civil commitment proceedings under Mentally Disordered Offender Act.	Criminal Law and Procedure			Jul. 31, 2005
G033588	People v. Aegis Security Insurance Co. Erroneous date in notice of forfeiture did not deprive court of jurisdiction to enter judgment.	Criminal Law and Procedure			Jul. 31, 2005
02-56895	Garcia v. Carey Evidence that gang member committed robbery on gang turf is not sufficient for gang enhancement.	Criminal Law and Procedure			Jul. 26, 2005
01-99011	Allen v. Woodford Defense counsel's failure to present mitigating witness testimony is harmless error due to overwhelming evidence of defendant's guilt.	Criminal Law and Procedure			Jul. 26, 2005
04-30243	U.S. v. Marquez Random, additional screening procedure at airport is reasonable under Fourth Amendment.	Criminal Law and Procedure			Jul. 26, 2005
E035174	People v. Wahlert Admission of pretext call statements made against defendant was harmless error.	Criminal Law and Procedure			Jul. 26, 2005
03-15300	Stuard v. Stewart Defendant's right to competent counsel was not violated because he voluntarily chose to proceed to immediate trial.	Criminal Law and Procedure			Jul. 26, 2005
03-10226	U.S. v. Kranovich County Sheriff's conviction for theft of funds from federally funded program is upheld.	Criminal Law and Procedure			Jul. 26, 2005
04-30104	U.S. v. Gunning Defendant is entitled to allocution after remand for consideration of whether he should receive downward departure.	Criminal Law and Procedure			Jul. 26, 2005
04-30216	U.S. v. Houston Government need not show that doctor who prescribed methadone could have foreseen that it would cause death.	Criminal Law and Procedure			Jul. 25, 2005
04-10193	U.S. v. Kimbrew Sentence enhancement for being in business of receiving and selling stolen property applies only to fences.	Criminal Law and Procedure			Jul. 25, 2005
04-30098	U.S. v. Martinez Domestic disturbance constitutes emergency sufficient to justify warrantless entry into home.	Criminal Law and Procedure			Jul. 25, 2005
03-56836	Marshall v. Taylor Defendant's request to represent himself on the morning of his trial is untimely.	Criminal Law and Procedure			Jul. 25, 2005
04-30126	U.S. v. Bichsel Actual notice is sufficient to meet conspicuous posting requirement of 40 U.S.C. Section 1315.	Criminal Law and Procedure			Jul. 25, 2005
05-15042	Beardslee v. Woodford Death row inmate's last-minute challenge to lethal injection protocol is rejected.	Criminal Law and Procedure			Jul. 25, 2005
03-30513	U.S. v. Omer Indictment's failure to recite essential element of bank fraud is fatal flaw requiring dismissal.	Criminal Law and Procedure			Jul. 25, 2005
03-56326	Cooks v. Newland Defendant's wish to represent himself in one of two robbery trials does not prevent consolidation of trials.	Criminal Law and Procedure			Jul. 25, 2005
03-35937	Rose v. Palmateer Petitioner cannot raise new Fifth Amendment ineffective assistance of counsel claim that was previously reviewed in state court.	Criminal Law and Procedure			Jul. 25, 2005