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People v. Serrano
While the California Racial Justice Act allows defendants to file a stand-alone post-judgment discovery motion before filing a habeas petition, an order denying post-judgment discovery is not appealable. 		Criminal Law and Procedure 3DCA Oct. 31, 2024
People v. Villagrana
Petitioner was ineligible for resentencing relief on voluntary manslaughter offense where his plea and admission to enhancement allegations demonstrated he could presently be convicted of murder. 		Criminal Law and Procedure 2DCA/6 Oct. 31, 2024
People v. Field
Equal protection principles were violated by requiring defendants to testify during their commitment trials under the Sexually Violent Predators Act. 		Constitutional Law, Criminal Law and Procedure 4DCA/1 Oct. 30, 2024
People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 29, 2024
People v. Rogers
Transferring to a different county's probation department was not a factual basis for modifying probation to include drug and alcohol-related conditions. 		Criminal Law and Procedure 4DCA/2 Oct. 29, 2024
People v. Thompson
Successive limited habeas corpus petition was the proper vehicle for capital defendant seeking resentencing relief under ameliorative changes to murder statutes due to the requirements of voter-approved Proposition 66. 		Habeas Corpus, Criminal Law and Procedure 4DCA/2 Oct. 29, 2024
Modification: People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. 		, Criminal Law and Procedure 1DCA/4 Oct. 29, 2024
U.S. v. Sharma
Federal sentencing enhancements involving child pornography did not violate Due Process Clause. 		Criminal Law and Procedure 9th Oct. 29, 2024
U.S. v. Shih
The higher base offense level for a violation of the International Emergency Economic Powers Act was appropriate to use in sentencing an individual who exported monolithic microwave integrated circuits for a Chinese military weapons developer. 		Criminal Law and Procedure, International Law 9th Oct. 28, 2024
People v. Royal
Arson's malice requirement was met where defendant caused a fire while manufacturing a controlled substance. 		Criminal Law and Procedure 1DCA/2 Oct. 25, 2024
Price v. Superior Court (People)
Petitioner who previously had been found suitable for conditional release under Sexually Violent Predator Act was entitled to appointment of experts to assist him when his suitability faced reconsideration. 		Criminal Law and Procedure 3DCA Oct. 25, 2024
People v. Ocobachi
Grand jury transcripts were not admissible in a resentencing hearing where defendant did not participate in the grand jury proceedings. 		Criminal Law and Procedure 2DCA/2 Oct. 25, 2024
U.S. v. Le
Defendant was not entitled to a reduced sentence under U.S. Sentencing Guideline Section 2X1.1(b)(2), because the robbery conspiracy's failure was due to circumstances beyond the conspirators' control. 		Criminal Law and Procedure 9th Oct. 23, 2024
People v. Alazar
Defendant's record of conviction did not conclusively establish Penal Code Section 1172.6 ineligibility where defendant's plea did not admit the truth of any alleged facts. 		Criminal Law and Procedure 2DCA/6 Oct. 22, 2024
People v. Nuno
The *Brady* duty to disclose material exculpatory evidence applies to discovery motions in a Section 1172.6 resentencing hearing. 		Criminal Law and Procedure 6DCA Oct. 21, 2024
People v. O'Bannon
End date for determining Penal Code Section 1585(c)(2)(H)'s applicability to strike or dismiss defendant's prior conviction enhancements was the date defendant committed the current offense. 		Criminal Law and Procedure 2DCA/3 Oct. 17, 2024
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge. 		Criminal Law and Procedure, Civil Procedure 2DCA/6 Oct. 10, 2024
U.S. v. Elmore
Remand was necessary to allow district court to determine whether state-level murder's elements constituted a crime of violence and could serve as predicate for murder in aid of racketeering conviction. 		Criminal Law and Procedure 9th Oct. 9, 2024
People v. Moseley
When sentencing qualifying veteran defendants or current military members, trial courts have mandatory statutory obligations to consider a veteran defendant's service-related post-traumatic stress disorder. 		Veterans' Affairs, Criminal Law and Procedure 4DCA/3 Oct. 9, 2024
People v. Dorado
Dual use of same aggravating factor to impose both full, consecutive terms for sex offenses and upper terms for those same counts was error. 		Criminal Law and Procedure 4DCA/1 Oct. 7, 2024
People v. Knowles
Trial court was not required to consider mitigating factors that did not contribute to a defendant's conduct in a voluntary manslaughter sentencing. 		Criminal Law and Procedure 2DCA/1 Oct. 7, 2024
In re Maury
Despite capital defendant's objection to counsel's presentation of mitigation evidence, *McCoy* was not implicated where defendant personally requested that the jury give him the death penalty. 		Criminal Law and Procedure 3DCA Oct. 4, 2024
People v. Harris
Despite initially ruling that defendant was entitled to resentencing, trial court had inherent authority to reconsider its decision and deny resentencing. 		Criminal Law and Procedure 2DCA/3 Oct. 3, 2024
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 2, 2024
U.S. v. Patterson
A hate crime motivation enhancement required a finding beyond a reasonable doubt of defendant's animus toward a protected category as the motivation for targeting the victim. 		Criminal Law and Procedure 9th Oct. 2, 2024
U.S. v. Solakyan
Honest-services mail fraud extends to the doctor-patient relationship and encompasses schemes that deprive patients of their intangible right to honest services by their physicians. 		Criminal Law and Procedure 9th Oct. 1, 2024
People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. 		Criminal Law and Procedure 1DCA/4 Sep. 27, 2024
People v. Gallegos
Petitioner who pled no contest to voluntary manslaughter after imputed malice theories of murder had been statutorily eliminated was ineligible for resentencing relief. 		Criminal Law and Procedure 5DCA Sep. 27, 2024
People v. Hersom
A defendant who was absent on the second day of jury selection was found to be voluntarily absent and therefore denied a new trial. 		Criminal Law and Procedure 1DCA/1 Sep. 27, 2024
People v. Mason
Overturning *People v. Hardy*, appellate court ruled that defendant's life without possibility of parole sentence could not be doubled under the Three Strikes Law, Penal Code Section 667(e)(1). 		Criminal Law and Procedure 2DCA/2 Sep. 26, 2024
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