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Case #	Name	Category	Court	Judge	Published
S102162	People v. Gutierrez In noncapital felony case, defendant who refuses to leave court lockup to attend trial is deemed voluntarily absent.	Criminal Law and Procedure			Oct. 15, 2003
01-15917	Biggs v. Duncan Application for state post-conviction relief was not pending between end of first petition and commencement of second petition.	Criminal Law and Procedure			Oct. 15, 2003
A091576	People v. Nguyen Jury should have had opportunity to convict defendants of conspiracy rather than first-degree murder.	Criminal Law and Procedure			Oct. 15, 2003
B159423	People v. Butler Temporary detention of defendant was justified, therefore, trial court was not required to suppress evidence under Fourth Amendment.	Criminal Law and Procedure			Oct. 15, 2003
B158338	People v. Stern Evidence of uncharged offense properly admitted to corroborate victim's testimony.	Criminal Law and Procedure			Oct. 15, 2003
B162003	People v. Foster Regardless of propriety of prosecution's questions to defendant, defendant failed to establish ineffective assistance of counsel.	Criminal Law and Procedure			Oct. 15, 2003
B166963	People v. Superior Court (Vasquez) Under plea bargain, only remedy to which defendant was entitled to in response to SVP petition was withdrawal of his plea.	Criminal Law and Procedure			Oct. 15, 2003
C042092	People v. Cooke Defendant's waiver of conduct credits while in county jail did not apply to conduct credits while in state prison.	Criminal Law and Procedure			Oct. 15, 2003
02-35144	Bailey v. Rae State violated defendant's due process rights by failing to disclose therapy reports regarding victim's mental capacity.	Criminal Law and Procedure			Oct. 15, 2003
02-30245	U.S. v. MacDonald District court did not abuse its discretion in applying enhancement for disposal or discharge of hazardous waste.	Criminal Law and Procedure			Oct. 15, 2003
B160306	People v. Parham Res judicata bars prosecution from retrying defendant as mentally disordered offender based on same qualifying offense.	Criminal Law and Procedure			Oct. 15, 2003
B161828	People v. Dachino Defendant has standing to contest legality of search, even though he denies search took place.	Criminal Law and Procedure			Oct. 15, 2003
B158974	People v. Daniels Defendant sentenced to state prison upon revocation of probation is subject to limitation on conduct credits.	Criminal Law and Procedure			Oct. 14, 2003
02-35795	Hanson v. Mahoney Magistrate judge has authority to issue certificate of appealability; defendant's claim for relief is procedurally defaulted.	Criminal Law and Procedure			Oct. 14, 2003
01-17557	Hunter v. Ayers State's use of new regulation to prevent defendant from restoring his 'good time' credits violated ex post facto clause.	Criminal Law and Procedure			Oct. 14, 2003
01-10538	U.S. v. Miguel Structural error was committed when defendants were precluded from arguing their theory of case and jury instructed that no evidence supports that theory.	Criminal Law and Procedure			Oct. 14, 2003
02-10414	U.S. v. Romero-Bustamente Search of defendant's backyard by Border Patrol agents violated Fourth Amendment.	Criminal Law and Procedure			Oct. 14, 2003
02-10071	U.S. v. Pereira-Salmeron Felony conviction for carnal knowledge of child constitutes conviction for crime of violence under Federal Sentencing Guidelines.	Criminal Law and Procedure			Oct. 14, 2003
01-56660	Brown v. Poole Where plea agreement has been breached, prisoner is entitled to specific performance and is released from custody.	Criminal Law and Procedure			Oct. 14, 2003
B152073	In re Beasley Insufficient evidence existed that defendant struck cohabitant to produce corporal injury.	Criminal Law and Procedure			Oct. 14, 2003
02-10395	U.S. v. Beasley Defenant must prove justification defense by a preponderance of evidence.	Criminal Law and Procedure			Oct. 14, 2003
02-55713	Cordova v. Baca Criminal defendant who was tried without counsel following defective waiver is entitled to automatic reversal of conviction.	Criminal Law and Procedure			Oct. 14, 2003
02-15586	Hatton v. Bonner Petitioner's ex post facto and due process challenges to California's sex-offender registration statute fail.	Criminal Law and Procedure			Oct. 14, 2003
B151466	People v. Bracamonte Court erred in failing to stay four-year term for defendants' convictions and in its disposition of firearm enhancements.	Criminal Law and Procedure			Oct. 13, 2003
B152965	People v. Fernandez Attempt to dissuade victim from testifying truthfully at preliminary hearing is not punishable under Penal Code Section 136.1(b)(1).	Criminal Law and Procedure			Oct. 13, 2003
B158663	People v. Mendoza Defendant who failed to appear for sentencing hearing is not eligible for probation under Proposition 36.	Criminal Law and Procedure			Oct. 13, 2003
F040745	People v. Tulare County Superior Court Grand jury may not obtain access to juvenile record without showing relevance of record to investigation.	Criminal Law and Procedure			Oct. 13, 2003
B134480	People v. Kang Defendant is entitled to pursue appeal anew after he was apprehended and in custody of state.	Criminal Law and Procedure			Oct. 13, 2003
S046117	People v. Jones Trial court properly precluded defendant from testifying about history of hearing voices, flashbacks and blackouts.	Criminal Law and Procedure			Oct. 13, 2003
S095872	People v. Barnum Court is not required to advise self-represented defendant of privilege against compelled self-incrimination.	Criminal Law and Procedure			Oct. 13, 2003