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Case #	Name	Category	Court	Judge	Published
02-15821	Phelps v. Alameda Certificate of appealability regarding habeas petition should not have been granted.	Criminal Law and Procedure			Jul. 8, 2004
03-50146	U.S. v. Rodriguez-Rodriguez Sentencing judge misapplied guidelines in determining levels of enhancement of defendant's sentence.	Criminal Law and Procedure			Jul. 8, 2004
C033593	People v. Mosby Under totality of circumstances, defendant voluntarily and intelligently waived right to have jury determine truth of allegation of prior conviction.	Criminal Law and Procedure			Jul. 7, 2004
D042152	People v. Taylor Jury's finding that bone fracture fell under definition of serious bodily injury was not equivalent to finding of great bodily injury.	Criminal Law and Procedure			Jul. 2, 2004
B165435	People v. Parks Defendant's lack of implied consent to conviction of lesser related offense precludes court from convicting for attempted manslaughter.	Criminal Law and Procedure			Jul. 2, 2004
H025922	People v. Moore Defendant's prior conviction for making terrorist threats in domestic dispute qualifies as strike under Three Strikes Law.	Criminal Law and Procedure			Jul. 2, 2004
C042769	People v. Arata Court erred in imposing second restitution fine on defendant when it had already imposed one at probation.	Criminal Law and Procedure			Jul. 2, 2004
A099569	People v. Wells Trial court properly excluded expert testimony regarding usual reactions of sexually abused children.	Criminal Law and Procedure			Jul. 2, 2004
B150919	People v. Cervantes Statements made by defendants to neighbor regarding crime were admissible against co-defendants.	Criminal Law and Procedure			Jul. 2, 2004
A097378	People v. Bell Court erred in giving jury instructions regarding late disclosure of statements by witnesses in attempted murder case.	Criminal Law and Procedure			Jul. 2, 2004
S049389	People v. Lenart Conviction and death sentence for first-degree murder are affirmed.	Criminal Law and Procedure			Jul. 2, 2004
D041385	People v. Chavez Statute giving narcotics addicts, but not alcohol addicts, rehabilitation in lieu of prison time is upheld as reasonable.	Criminal Law and Procedure			Jul. 2, 2004
02-30323	U.S. v. Vieke U.S. government is barred from raising objections to sentencing for first time upon appeal.	Criminal Law and Procedure			Jul. 2, 2004
02-55613	Nunes v. Ashcroft Even if district court treated petitioner's motion to reconsider as request for leave to amend, request would have been denied as futile.	Criminal Law and Procedure			Jul. 2, 2004
02-30358	U.S. v. Perez-Lopez Translated 'Miranda' warning was fatally flawed because it did not convey to defendant government's obligation to appoint attorney for indigents.	Criminal Law and Procedure			Jul. 2, 2004
S102965	People v. Holmes In accepting defendant's plea, trial court must garner information regarding factual basis either from defendant or counsel.	Criminal Law and Procedure			Jul. 1, 2004
B167361	People v. Johnson Trial court's amplification to jury about reasonable doubt requires retrial.	Criminal Law and Procedure			Jul. 1, 2004
02-10285	State of Arizona v. Johnson Court did not abuse its discretion in sexual assualt case when it answered question from jury during deliberations.	Criminal Law and Procedure			Jun. 30, 2004
02-50415	U.S. v. Diaz-Cardenas Defendant convicted of importing drugs was not entitled to benefit of new sentencing law.	Criminal Law and Procedure			Jun. 30, 2004
01-56958	Collins v. Rice Court rejects state's argument that peremptory challenges were race neutral in drug possession case.	Criminal Law and Procedure			Jun. 30, 2004
02-10530	U.S. v. Grajeda-Ramirez Violation of Colorado reckless vehicular assault statute is considered 'crime of violence' for sentencing purposes.	Criminal Law and Procedure			Jun. 30, 2004
02-30022	U.S. v. Wenner Court rules that Washington residential burglary is not crime of violence warranting sentence enhancement.	Criminal Law and Procedure			Jun. 29, 2004
03-10422	U.S. v. Friedman Defendant's involuntary commitment to custody of Attorney General is warranted based on finding of mental illness.	Criminal Law and Procedure			Jun. 29, 2004
03-55936	Bartlett v. Alameida State must prove that convicted sex offender knew or probably knew of his lifelong duty to register as sex offender.	Criminal Law and Procedure			Jun. 29, 2004
02-55560	Taylor v. Maddox Teenage defendant's confession is inadmissible because police did not abide by his requests for attorney.	Criminal Law and Procedure			Jun. 29, 2004
03-50062	U.S. v. Plancarte-Alvarez Evidence of defendant's prior acts involving drug smuggling are admissible to support purposeful and repetitive conduct.	Criminal Law and Procedure			Jun. 29, 2004
03-10386	U.S. v. Kovac Statement in pretrial sentence report is not sufficient evidence to designate defendant as career offender.	Criminal Law and Procedure			Jun. 29, 2004
02-50539	U.S. v. Brooks Search of hotel room based on "911" call from adjacent room reporting suspected beating was lawful.	Criminal Law and Procedure			Jun. 29, 2004
02-30216	U.S. v. Lynch Defendant violated Hobbs Act because his unlawful actions had direct effect on interstate commerce.	Criminal Law and Procedure			Jun. 29, 2004
03-10419	U.S. v. Benitez-Perez Defendant's earlier possession for sale conviction is 'drug trafficking' offense justifying 16 level sentencing enhancement.	Criminal Law and Procedure			Jun. 29, 2004