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People v. Ellis
Criminal defendant who stipulated to upper term at original sentencing was not entitled to full resentencing with the middle term as the presumptive default sentence.
Criminal Law and Procedure 2DCA/6 May 16, 2024
D.K. v. Office of Administrative Hearings
Criminal defendants who are incompetent to stand trial are eligible for administrative mandamus writ relief from involuntary medication orders.
Criminal Law and Procedure 1DCA/3 May 15, 2024
People v. Arias
Prosecution's peremptory strike of a Black, female prospective juror for facially neutral reasons that were unsupported or implausible did not withstand scrutiny and required reversal.
Criminal Law and Procedure 1DCA/1 May 14, 2024
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights.
Constitutional Law, Criminal Law and Procedure 9th May 10, 2024
People v. Palacios
A resentencing hearing under Penal Code section 1172.6 does not provide the petitioner a new opportunity to raise claims of trial error.
Criminal Law and Procedure 2DCA/3 May 7, 2024
People v. Lovejoy
Criminal defendant was ineligible for resentencing relief from attempted murder conviction because conviction for conspiracy to commit murder demonstrated intent to kill.
Criminal Law and Procedure 4DCA/1 May 6, 2024
People v. Patton
Unlawful overlapping conviction for continuous sexual abuse was vacated where defendant's convictions and sentences for discrete sexual offenses during same period against same victim were more commensurate with his culpability.
Criminal Law and Procedure 5DCA May 6, 2024
In re Randy C.
Pursuant to Fourth Amendment's automobile exception, officer had probable cause to search juvenile driver's vehicle after seeing unsmoked marijuana blunt on passenger's lap.
Criminal Law and Procedure 1DCA/5 May 6, 2024
Bradford v. Paramo
Denial of habeas petition was reversed where state court concluded that because excluding exculpatory evidence was consistent with the rules of evidence, there was no constitutional violation.
Constitutional Law, Criminal Law and Procedure 9th May 6, 2024
People v. Garcia
Trial court did not abuse discretion in rejecting Penal Code Section 1172.75(a)'s mandate invalidating prior sentence enhancements when evidence clearly supported that defendant was still dangerous to society.
Criminal Law and Procedure 2DCA/7 May 3, 2024
U.S. v. Anderson
An officer's non-compliance with department policy governing inventory searches is not fatal to the inventory search exception but it may suggest impermissible motives.
Criminal Law and Procedure, Constitutional Law 9th May 3, 2024
U.S. v. Lucas
Under advisory U.S. Sentencing Guidelines, appropriate standard of proof for factual findings is a preponderance of the evidence even for potentially large sentencing enhancements.
Criminal Law and Procedure 9th May 3, 2024
People v. Flores
Defendant's presence in high crime area and seemingly odd behavior after spotting police did not justify reasonable suspicion of criminal activity, so officers' ensuing detention and search were unconstitutional.
Criminal Law and Procedure CASC May 3, 2024
People v. Berlin
When prosecution fails to request victim restitution within the two-year mental health diversionary period, the trial court may not award restitution thereafter.
Criminal Law and Procedure 1DCA/5 Apr. 30, 2024
People v. McDavid
Trial court had discretion to strike firearm enhancement under Section 12022.53 and impose any uncharged, lesser included enhancement for which the supporting facts were alleged and found true.
Criminal Law and Procedure CASC Apr. 30, 2024
People v. Fay
Trial court's acquiescence to prosecutor's misstatement of implied malice requirement necessitated reversal of defendant's conviction.
Criminal Law and Procedure 2DCA/1 Apr. 30, 2024
People v. Koontzy
Restitution order imposed as condition of probation rather than to directly address the victim's loss could not be modified after the criminal defendant's probation ended.
Remedies, Criminal Law and Procedure 1DCA/5 Apr. 29, 2024
People v. Cunningham
Trial court correctly denied defendant relief under Penal Code Section 1172.6 (felony murder resentencing), which does not encompass the "provocative act" theory of murder.
Criminal Law and Procedure 2DCA/6 Apr. 25, 2024
People v. Reynoza
A conviction under Penal Code Section 136.1(b)(2) may not be based solely on proof that a defendant dissuaded an individual from "assisting in the prosecution" of an already-filed charging document.
Criminal Law and Procedure CASC Apr. 23, 2024
People v. Basica
Trial court's entry of summary judgment against surety and bail bond agent was proper when their charge failed to appear within the bond's exoneration period.
Criminal Law and Procedure 1DCA/4 Apr. 23, 2024
People v. Lezama
Criminal defendant who pled guilty to voluntary manslaughter after imputed malice theory of murder had been statutorily eliminated was ineligible for ameliorative resentencing relief provided by Penal Code Section 1172.6.
Criminal Law and Procedure 4DCA/3 Apr. 23, 2024
Modification: People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75.
Criminal Law and Procedure 5DCA Apr. 19, 2024
Modification: People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer.
Criminal Law and Procedure 1DCA/4 Apr. 19, 2024
U.S. v. Ramirez
Police officer's inquiry about a driver's parole status during a traffic stop was a neglibly burdensome safety precaution that did not violate the Fourth Amendment.
Criminal Law and Procedure 9th Apr. 19, 2024
McIntosh v. U.S.
A district court's failure to comply with Fed. R. of Crim. Pro. 32.22(b)(2)(B)'s requirement to enter a preliminary order before sentencing does not bar a judge from ordering forfeiture at sentencing.
Criminal Law and Procedure USSC Apr. 18, 2024
U.S. v. Payne
Officer's use of parolee's thumb to access his cell phone information did not violate Fifth Amendment right against self-incrimination.
Criminal Law and Procedure 9th Apr. 18, 2024
People v. Barooshian
Defendant's double jeopardy was not violated because gross vehicular manslaughter while intoxicated was not a necessarily included offense of murder.
Criminal Law and Procedure 4DCA/1 Apr. 17, 2024
U.S. v. Medina-Luna
Since defects in an indictment are nonjurisdictional, criminal defendant's subsequent unconditional guilty plea was also a waiver of the right to appeal any error in procuring the indictment waiver.
Criminal Law and Procedure 9th Apr. 15, 2024
People v. Lewis
Gang member suffering from terminal ALS did not pose an unreasonable risk of danger under Penal Code Section 1172.2 because his illness made it difficult to walk and breath.
Criminal Law and Procedure 4DCA/2 Apr. 12, 2024
U.S. v. James Milheiser
Overbroad theory of fraud presented to jury required vacating criminal defendants' convictions for mail fraud because it did not require finding the deception concerned the essential nature of the bargain.
Criminal Law and Procedure 9th Apr. 10, 2024