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Case #	Name	Category	Court	Judge	Published
02-15972	Hamilton v. Newland Assertion of new evidence of actual innocence available at time of habeas petition is not 'extraordinary circumstance' sufficient for Rule 60(b)(6) relief.	Criminal Law and Procedure			Nov. 3, 2004
B169504	People v. Stone Restraining order issued after jury instructions but before jury voted to convict is invalid.	Criminal Law and Procedure			Nov. 3, 2004
H026222	Leanna W., a Minor Utility use and consumption of alcohol from house are insufficient to show that unpermitted party hostess had necessary intent for burglary.	Criminal Law and Procedure			Oct. 26, 2004
C043690	People v. Hinton Trial judge erred in giving deadlocked jury 'dynamite' instruction.	Criminal Law and Procedure			Oct. 25, 2004
A101799	People v. Butler Trial court's erroneous reliance on non-recidivist aggravating factors to impose upper term sentence is harmless.	Criminal Law and Procedure			Oct. 24, 2004
D038700	People v. Ayele Misdemeanor delaying or resisting officer is not offense related to use of drugs within meaning of Proposition 36.	Criminal Law and Procedure			Oct. 22, 2004
B158090	People v. Walters Defendant convicted of driving under influence is ineligible for drug treatment program.	Criminal Law and Procedure			Oct. 22, 2004
D039990	Trumble v. Superior Court (People) Defendant convicted simultaneously of simple drug possession and misdemeanor driving under influence of drugs isn't eligible for probation and diversion.	Criminal Law and Procedure			Oct. 22, 2004
H022692	People v. Sanchez Proposition 21 'gang registration law' is constitutional.	Criminal Law and Procedure			Oct. 22, 2004
H023299	People v. Campbell Proposition 36 does not apply when probationer commits both qualifying and nonqualifying offenses or probation violations.	Criminal Law and Procedure			Oct. 22, 2004
B144386	In re Walter S., a Minor Juvenile gang offender registration requirement under Proposition 21 is not unconstitutional.	Criminal Law and Procedure			Oct. 22, 2004
B156790	People v. Hilger Defendant's waivers of custody credits were invalid because he did not know they applied to prison sentence.	Criminal Law and Procedure			Oct. 22, 2004
H024717	People v. Cantu Defendant's conviction for driving under influence precludes Proposition 36 sentencing.	Criminal Law and Procedure			Oct. 22, 2004
F038894	People v. Salinas Evidence of battered women's syndrome may be admissible to explain why first-time victim of domestic violence recants testimony.	Criminal Law and Procedure			Oct. 21, 2004
F039327	People v. Garcia Defendant's conviction for driving under influence of drugs renders him ineligible for probation and treatment.	Criminal Law and Procedure			Oct. 21, 2004
C036614	People v. Valdez To be convicted of implied malice murder of woman's fetus, defendants must have had reason to believe woman was pregnant.	Criminal Law and Procedure			Oct. 21, 2004
H025691	People v. Hayes Theory of 'imperfect self defense' cannot act as partial defense to mayhem charge.	Criminal Law and Procedure			Oct. 13, 2004
F041273	People v. Barajas Court need not instruct jury on reasonable doubt between murder and manslaughter where it instructs on conviction for lesser crime.	Criminal Law and Procedure			Oct. 13, 2004
S098928	In re Alva Defendant convicted of possessing child pornography can be subject to lifetime sex offender registration.	Criminal Law and Procedure			Oct. 10, 2004
03-16064	Randolph v. People Use of jailhouse informant against inmate on trial for murder may have violated Sixth Amendment.	Criminal Law and Procedure			Oct. 8, 2004
02-50365	U.S. v. DeGeorge Court properly denied defendant's pre-trial motion to dismiss charges based on delay in initial indictment.	Criminal Law and Procedure			Oct. 8, 2004
02-10013	U.S. v. Mirikitani Former city official was convicted for fraud and bribery under valid federal law but will be resentenced in light of 'Blakely.'	Criminal Law and Procedure			Oct. 8, 2004
03-10311	U.S. v. Grubbs Facially defective anticipatory search warrant cannot be cured with affidavit that is not presented to property owner.	Criminal Law and Procedure			Oct. 7, 2004
S011960	People v. Marlow Defendant's murder conviction and death sentence are affirmed.	Criminal Law and Procedure			Oct. 7, 2004
S026614	People v. Marlow Defendant was not denied double jeopardy protection by successive prosecution for different offenses.	Criminal Law and Procedure			Oct. 7, 2004
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