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Case #	Name	Category	Court	Judge	Published
03-30310	U.S. v. Sioux Evidence Rule 413 permits admission of evidence detailing sexual misconduct that occurred after event giving rise to trial.	Criminal Law and Procedure			Aug. 16, 2004
04-70667	In re Morris Petitioner's petition for writ of mandamus is denied because district court has not ruled on his motion to amend his habeas petition.	Criminal Law and Procedure			Aug. 16, 2004
D040874	People v. Pre Evidence is abundantly sufficient to support defendant's conviction for torture.	Criminal Law and Procedure			Aug. 15, 2004
02-10464	U.S. v. Carreno Sentence enhancement for creation of substantial risk of death or serious bodily harm was supported by evidence.	Criminal Law and Procedure			Aug. 15, 2004
B168042	People v. Sykes Court did not err in permitting victim to testify she had knowledge of defendant's previous bank robbery convictions.	Criminal Law and Procedure			Aug. 13, 2004
C037845	People v. Langston Defendant with prior prison term for escape while in state prison is not subject to sentence enhancement.	Criminal Law and Procedure			Aug. 13, 2004
D040184	People v Ault Defendant granted new trial after prosecution fails to rebut prejudicial presumption of serious jury misconduct.	Criminal Law and Procedure			Aug. 13, 2004
02-16829	Shaw v. Terhune Prosecutions of two defendants arising from single instance of firearm use did not lead to constitutional violation.	Criminal Law and Procedure			Aug. 10, 2004
H025867	People v. Hardacre Speed trap exclusionary rules do not apply to prosecutions for driving under influence.	Criminal Law and Procedure			Aug. 10, 2004
S108291	People v. Smith Registered sex offender who mailed change of address notice to police was not required to ensure it was received.	Criminal Law and Procedure			Aug. 10, 2004
C044242	Moore v. Superior Court (People) 'Washout' provision of Proposition 36 commences at time of commission rather than conviction of crime.	Criminal Law and Procedure			Aug. 10, 2004
A103622	People v. Powers Defendant who falsified fishing logs may be criminally liable for filing false instrument with public office.	Criminal Law and Procedure			Aug. 9, 2004
01-16947	Johnson v. U.S. District court correctly held that petitioner's second petition under 28 U.S.C. Section 2255 should not be dismissed and properly ruled on its merits.	Criminal Law and Procedure			Aug. 9, 2004
F039071	People v. Montoya Vehicle theft is not lesser included offense of carjacking because theft requires asportation of vehicle while carjacking does not.	Criminal Law and Procedure			Aug. 6, 2004
B152731	People v. Griffin Holding victim's arms to the ground by her shoulders while defendant inserted his penis into her vagina did not constitute forcible rape.	Criminal Law and Procedure			Aug. 6, 2004
A099987	People v. Gonzalez Conviction of defendant for use and possession of false compartment to hide drugs was based on substantial evidence.	Criminal Law and Procedure			Aug. 5, 2004
B150342	People v. Hernandez Reversal is not required where trial court should have bifurcated trial of gang enhancement from trial of underlying offenses.	Criminal Law and Procedure			Aug. 5, 2004
G031026	People v. Gomez Defendant's suppression motion was properly denied despite unduly prolonged detention because probable cause existed to support de facto arrest.	Criminal Law and Procedure			Aug. 5, 2004
H023031	People v. Leal Response, which may be interpreted as adoptive admission, was properly admissible since it was not made during custodial interrogation.	Criminal Law and Procedure			Aug. 4, 2004
03-10181	U.S. v. Lewis Interlocutory appeal of defendant's fair warning claim is dismissed for lack of jurisdiction.	Criminal Law and Procedure			Aug. 3, 2004
H025526	In re Cortinas Prison board's finding that convicted murderer was unsuitable for parole was supported by 'some evidence.'	Criminal Law and Procedure			Jul. 30, 2004
B166733	People v. Schaefer Court did not err in refusing to submit to jury question of whether operating drug lab was inherently dangerous felony.	Criminal Law and Procedure			Jul. 30, 2004
D041918	City of San Diego v. Kevin B. Failure to take defendant into custody for evaluation prohibits forfeiture of firearms found in his home under Welfare code.	Criminal Law and Procedure			Jul. 30, 2004
A095433	People v. Ary Trial court should have held competency hearing because substantial evidence of defendant's incompetence was introduced during pretrial proceedings.	Criminal Law and Procedure			Jul. 30, 2004
B169184	People v. Zichko Plaintiff's verbal threats were not admissions, but rather were crime of making criminal threat with which plaintiff was charged.	Criminal Law and Procedure			Jul. 30, 2004
S106796	People v. Oates Court may impose multiple sentence enhancements based on single injury under Penal Code Section 12022.53.	Criminal Law and Procedure			Jul. 29, 2004
S111494	People v. Konow Trial court has power to review prior court order directing magistrate to reinstate criminal charge.	Criminal Law and Procedure			Jul. 29, 2004
B167727	In re De Leon Defendant who was not permitted to cross-examine police officers implicated in Rampart scandal is entitled to new trial.	Criminal Law and Procedure			Jul. 29, 2004
B166700	Rudy F., a Minor Minor residing with his sister has standing to challenge search of sister's room yielding evidence used against him.	Criminal Law and Procedure			Jul. 29, 2004
B165985	People v. Burgos Court erred in refusing to strike one of defendant's two prior strike convictions when both arose from same act.	Criminal Law and Procedure			Jul. 29, 2004