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Case #	Name	Category	Court	Judge	Published
S026223	People v. Smith Evidence of defendant's mental illness may be admitted as aggravating factor if it relates to circumstances of crime.	Criminal Law and Procedure			May 9, 2005
S107856	Crew on Habeas Corpus Order	Criminal Law and Procedure			May 9, 2005
S045504	People v. Panah Defendant's conviction and death sentence for murdering eight-year old girl are affirmed.	Criminal Law and Procedure			May 5, 2005
03-9627	Pace v. DiGuglielmo State postconviction petition rejected as untimely was not 'properly filed' under Antiterrorism and Effective Death Penalty Act.	Criminal Law and Procedure			May 4, 2005
03-9046	Rhines v. Weber District court may stay mixed habeas petition to allow petitioner to present unexhausted claims to state court.	Criminal Law and Procedure			Apr. 25, 2005
H022727	People v. Dominguez ncomplete jury instructions require reversal of defendant's conviction for felony murder.	Criminal Law and Procedure			Apr. 13, 2005
03-9685	Johnson v. United States Limitations period to challenge federal sentence enhancement begins to run when underlying state conviction is vacated.	Criminal Law and Procedure			Apr. 12, 2005
02-15475	Kesser v. Cambra State appellate court did not err in using 'mixed motive' analysis to uphold constitutionality of three peremptory challenges.	Criminal Law and Procedure			Apr. 12, 2005
F044634	People v. Eribarne Misdemeanor conviction for driving under influence makes defendant ineligible for Proposition 36 probation and drug treatment.	Criminal Law and Procedure			Apr. 12, 2005
S044677	People v. Horning Letter sent by California detective to Arizona authorities who had defendant in custody is insufficient to trigger federal speedy trial rights.	Criminal Law and Procedure			Apr. 12, 2005
F044541	Sons v. Superior Court (People) Prosecutorial misconduct intended to secure conviction does not bar subsequent retrial.	Criminal Law and Procedure			Apr. 12, 2005
B166737	People v. Accredited Surety & Casualty Co. Inc. Failure of trial court to consider statutory factors before reducing defendant's bail amount is no defense to forfeiture of bail bond.	Criminal Law and Procedure			Apr. 12, 2005
C044731	People v. Bowen Defendant who violated terms of Proposition 36 probation three times is ineligible for further probation.	Criminal Law and Procedure			Apr. 12, 2005
F044486	People v. Beagle Dismissed drug charge cannot be basis for drug-related probation condition.	Criminal Law and Procedure			Apr. 12, 2005
03-50304	U.S. v. Lopez-Zamora Federal guidelines permit sentence departure for minor nature of underlying felony.	Criminal Law and Procedure			Apr. 12, 2005
03-30404	U.S. v. Bad Marriage Upward departure is not justified when based only on quantity of non-serious past criminal conduct.	Criminal Law and Procedure			Apr. 12, 2005
Michael	Beardslee v. Brown Jury's consideration of invalid special circumstances did not have substantial and injurious effect on verdict.	Criminal Law and Procedure			Apr. 12, 2005
B169161	People v. Gutierrez Defendant who moved to suppress evidence before magistrate does not have to make motion before superior court after complaint is reinstated.	Criminal Law and Procedure			Apr. 12, 2005
B167543	People v. Callahan Order granting new trial due to ineffective assistance of counsel is reviewed deferentially.	Criminal Law and Procedure			Apr. 11, 2005
03-35847	Shelby v. Bartlett Habeas petition challenging prison administrative disciplinary action is subject to one-year federal deadline.	Criminal Law and Procedure			Apr. 8, 2005
B174703	People v. Duran Felon who used false information on firearm application cannot be charged with attempted possession of firearm by felon.	Criminal Law and Procedure			Apr. 8, 2005
A103438	People v. Ozkan Public agencies are entitled to restitution for losses caused by defendant who sold regular-grade gasoline as high-grade.	Criminal Law and Procedure			Apr. 7, 2005
03-30441	U.S. v. Pearson Evidence that defendant attempted to acquire methamphetamine to share with girlfriend is sufficient to show intent to distribute.	Criminal Law and Procedure			Apr. 7, 2005
G033521	People v. Noriega Trial court must order defendant convicted of misdemeanor indecent exposure to register as sex offender.	Criminal Law and Procedure			Apr. 7, 2005
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