| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C101167
|
People v. Nixon
Where defendant used social media to make death threats, complete ban from social media as a condition of release was not unconstitutionally overbroad. |
Criminal Law and Procedure |
|
L. Mauro | Jun. 9, 2025 |
|
B333606
|
People v. Nino
Trial court improperly denied Penal Code section 1172.6 resentencing request when, despite being the actual killer, defendant could have been convicted under the now invalid second-degree felony murder statute. |
Criminal Law and Procedure |
|
G. Feuer | Jun. 6, 2025 |
|
B337664
|
People v. Grajeda
Resentencing court's decision denying defendant's request to postpone Penal Code section 1172.75 hearing (invalid prison priors) to allow him to speak with his attorney violated his right to counsel. |
Criminal Law and Procedure |
|
J. Segal | Jun. 5, 2025 |
|
24-3090
|
In re: Joshua Davis
Mandatory Victims Restitution Act permitted victims to seek amended restitution order where they discovered the original order did not include losses that were unclaimed due to government error. |
Criminal Law and Procedure |
|
L. Koh | Jun. 4, 2025 |
|
19-55717
|
Johnson v. U.S.
A conviction of Hobbs Act robbery under a Pinkerton theory of liability functions as a valid predicate "crime of violence" under 18 U.S.C. section 942(c) (firearm enhancement). |
Criminal Law and Procedure |
|
M. Christen | Jun. 4, 2025 |
|
B339998
|
People v. Cabrera
Because a 50-year-to-life sentence is the functional equivalent of a life without parole sentence, defendant was eligible for youthful offender relief. |
Criminal Law and Procedure, Juveniles |
|
D. Kim | Jun. 3, 2025 |
|
S280551
|
People v. Emanuel
Trial court improperly dismissed petition for resentencing because the evidence was insufficient to support a finding that unarmed defendant acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
K. Evans | Jun. 3, 2025 |
|
B341712
|
Schneider v. Superior Court (Los Angeles County Sheriff's Dept.)
Although Brady motions seeking discovery of exculpatory information in confidential personnel files must use procedures in the Pitchess statutes, the Pitchess limitations on disclosures do not apply to Brady motions. |
Criminal Law and Procedure |
|
N. Stone | Jun. 2, 2025 |
|
F088076
|
People v. The North River Insurance Company
Trial court erroneously denied surety's request to exonerate bail and set aside forfeiture, where defendant failed to appear in court but subsequently landed in custody in another county. |
Criminal Law and Procedure |
|
D. Franson | May 30, 2025 |
|
23-3214
|
U.S. v. Puig Valdes
Defendant's plea agreement withdrawal before the agreement was entered and accepted by the court rendered the factual basis of the plea agreement inadmissible. |
Criminal Law and Procedure, Evidence |
|
D. Collins | May 30, 2025 |
|
B335274
|
People v. Duenas
Granting defendant's habeas petition vacated the sentence, rendered the judgment nonfinal, and entitled defendant to full resentencing, including application of subsequent ameliorative legislation. |
Criminal Law and Procedure |
|
V. Viramontes | May 29, 2025 |
|
D082912
|
People v. Shively
Failure to establish a criminal street gang existed or demonstrate a common, nonreputational benefit to a gang meant gang enhancement was not supported by sufficient evidence. |
Criminal Law and Procedure |
|
J. Castillo | May 29, 2025 |
|
23-4097
|
U.S. v. Greene
Plain error found where elements of offense used as pseudo-count to calculate offense level for sentencing purposes were not satisfied by facts stipulated by the defendant in plea agreement. |
Criminal Law and Procedure |
|
M. Christen | May 28, 2025 |
|
24-1865
|
U.S. v. Watson
Defendant's parole agreement requiring that he cooperate with probation officer did not violate his Fifth Amendment rights in subsequent interrogation by police for a separate offense. |
Criminal Law and Procedure |
|
R. Tallman | May 27, 2025 |
|
B337098
|
People v. Brown
Petitioner, who was sentenced to prison after violating probation, was eligible for Penal Code section 1203.41 relief even though his original sentence did not involve state prison. |
Criminal Law and Procedure |
|
K. Yegan | May 23, 2025 |
|
A168363
|
People v. Mathis
Defendant's failure to raise a section 654 (double punishment) claim during his plea deal resulted in forfeiting the claim. |
Criminal Law and Procedure |
|
G. Burns | May 23, 2025 |
|
23-909
|
Kousisis v. U.S.
Inducing a victim to enter a transaction under materially false pretenses was sufficient to support federal wire fraud conviction even where the defendant did not seek to cause economic loss. |
Criminal Law and Procedure |
|
A. Barrett | May 23, 2025 |
|
F087198
|
People v. Millan
Great bodily injury enhancement to attempted murder of defendant's infant son was not supported by substantial evidence where defendant only proximately caused injury to the infant. |
Criminal Law and Procedure |
|
J. Detjen | May 22, 2025 |
|
G062770
|
People v. Richee
Trial court's erroneous instruction to jury on the now defunct natural and consequences doctrine warranted reversal of attempted murder convictions. |
Criminal Law and Procedure |
|
K. O'Leary | May 22, 2025 |
|
A171858
|
McDaniel v. Superior Court (People)
Good-cause threshold for granting Racial Justice Act discovery request is a low bar--satisfied in this case by a plausible factual foundation, based on specific county-level data, that a violation could have occurred. |
Criminal Law and Procedure |
|
I. Petrou | May 21, 2025 |
|
23-4108
|
U.S. v. Yafa
District court did not err when it used the gain that resulted from defendants' "pump and dump" securities scheme as an alternative measure for loss. |
Criminal Law and Procedure, Securities |
|
M. Murguia | May 16, 2025 |
|
B337373
|
People v. Horton
Immediate family member of stalking victim could be included in post-conviction protection order because there was evidence the defendant had committed or attempted to commit a harm against him. |
Criminal Law and Procedure |
|
V. Viramontes | May 15, 2025 |
|
B331540
|
People v. Hinojos
Because gang enhancement statute punished additional criminal conduct beyond those assessed by the gang conspiracy statute, trial court's imposition of gang enhancements was permissible under Penal Code Section 654. |
Criminal Law and Procedure |
|
H. Bendix | May 14, 2025 |
|
G062781
|
Modification: People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless. |
Criminal Law and Procedure |
|
M. Sanchez | May 14, 2025 |
|
22-50048
|
U.S. v. Duarte
Under Bruen, restricting non-violent felons from possessing firearms does not violate the Second Amendment. |
Constitutional Law, Criminal Law and Procedure |
|
K. Wardlaw | May 12, 2025 |
|
24-327
|
U.S. v. Plancarte
Government did not breach plea agreement by submitting supplemental memorandum opining about defendant's "worrying" conduct and past arrest history. |
Criminal Law and Procedure |
|
S. Ikuta | May 9, 2025 |
|
G062781
|
People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless. |
Criminal Law and Procedure |
|
M. Sanchez | May 8, 2025 |
|
A169744
|
People v. Hickman
Petitioner who pled guilty to manslaughter after Senate Bill No. 1437 changed Penal Code Sections 188 and 189 was ineligible for resentencing relief under Section 1172.6. |
Criminal Law and Procedure |
|
J. Humes | May 7, 2025 |
|
A169966
|
People v. Anderson
Both lost revenue and paid prize money should be included in restitution amount for defendant who stole and redeemed lottery tickets. |
Criminal Law and Procedure |
|
G. Burns | May 7, 2025 |
|
23-1034
|
U.S. v. Myers
Mandatory Victims Restitution Act applied to the gradual accumulation of cash deposits from family and friends in inmate's trust account. |
Criminal Law and Procedure |
|
R. Nelson | May 7, 2025 |
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