| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
S173784
|
People v. Oyler
Despite media coverage of wildfire set by capital murder defendant, trial court correctly denied change of venue motion given the large size of the county and other factors. |
Criminal Law and Procedure |
|
P. Guerrero | May 6, 2025 |
|
E083362
|
People v. Whipple
Issue preclusion prevented petitioner from relitigating jury instruction issue to demonstrate she could no longer be convicted of murder because she did not raise instructional error in initial appeal. |
Criminal Law and Procedure |
|
M. Raphael | May 5, 2025 |
|
E081147
|
People v. Williams
Defendant who did not seek help for victim's injuries and actively impeded another person who eventually found the victim and sought aid exhibited reckless indifference to human life. |
Criminal Law and Procedure |
|
D. Miller | May 5, 2025 |
|
A168604
|
People v. Lopez-Barraza
Trial court erroneously denied resentencing petition by impermissibly relying on factual findings that conflicted with the jury's determination that defendant was not guilty of conspiracy. |
Criminal Law and Procedure |
|
T. Stewart | May 5, 2025 |
|
23-1956
|
U.S. v. Turrey
Criminal defendant waived claims regarding alleged prejudicial statements made during jury selection issues because his counsel invited the error and failed to object or request remedial action at the time. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | May 1, 2025 |
|
B334490
|
People v. Benson
Trial court did not abuse its discretion by admitting gang-related evidence, as it was relevant to issues of identity, motive, and witness credibility. |
Criminal Law and Procedure |
|
M. Stratton | Apr. 30, 2025 |
|
S141519
|
Modification: People v. Hin
Trial court abused its discretion in admitting rap song from a CD found in defendant's bedroom during both the guilt and penalty phases. |
Criminal Law and Procedure |
|
G. Liu | Apr. 28, 2025 |
|
22-10058
|
U.S. v. Pangang Group Company, Ltd.
Defendants, companies owned by the Chinese government, did not enjoy foreign sovereign immunity from criminal prosecution in U.S. courts related to economic espionage charges. |
Criminal Law and Procedure, Commercial Law |
|
D. Collins | Apr. 29, 2025 |
|
24-1013
|
U.S. v. Gonzalez-Loera
Retroactive sentencing guideline providing for offense-level reduction contained two distinct requirements for eligibility, so defendant who failed to meet both was ineligible for sentencing reduction. |
Criminal Law and Procedure |
|
M. Bennett | Apr. 29, 2025 |
|
S281599
|
People v. Antonelli
Defendants convicted of murder under the provocative act doctrine before 2009 are not categorically ineligible for resentencing relief under Penal Code Section 1172.6. |
Criminal Law and Procedure |
|
J. Groban | Apr. 25, 2025 |
|
D084008
|
People v. Glass
In light of *People v. Patton*, case was remanded for defendant to provide additional facts to support his Penal Code Section 1172.6 resentencing request despite record supporting his ineligibility. |
Criminal Law and Procedure |
|
J. Castillo | Apr. 24, 2025 |
|
24-1025
|
Simon v. City and County of San Francisco
GPS location tracking and sharing for defendants granted pretrial release subject to electronic monitoring was not facially unconstitutional. |
Criminal Law and Procedure |
|
J. Bybee | Apr. 24, 2025 |
|
24-1493
|
Newman v. Underhill
No Fourth Amendment violation where warrantless search of plaintiff's home was excused under the hot-pursuit exception. |
Criminal Law and Procedure |
|
S. Graber | Apr. 24, 2025 |
|
C100925
|
People v. Roy
An order denying or dismissing a defendant-initiated request for resentencing under Penal Code Section 1172.1 is not appealable; absent a statutory obligation to act, the defendant's substantial rights are unaffected. |
Criminal Law and Procedure |
|
P. Krause | Apr. 24, 2025 |
|
A168538
|
Modification: People v. K.D.
Regional center was required to provide report and proposed program for defendant eligible for developmental disability diversion so trial court could determine whether she would benefit from diversion. |
Criminal Law and Procedure |
|
T. Brown | Apr. 23, 2025 |
|
B330707
|
People v. Henderson
Applying law limiting superior courts' discretion passed after criminal conviction was final did not violate ex post facto principles because the ameliorative resentencing process could not hurt the defendant. |
Criminal Law and Procedure |
|
G. Feuer | Apr. 21, 2025 |
|
A164679
|
Modification: People v. Jackson
Trial court committed prejudicial error in ruling Defendant met current requirements for felony murder when it primarily based its ruling on jury's special circumstance findings based on former instructions. |
Criminal Law and Procedure |
|
T. Stewart | Apr. 21, 2025 |
|
H050677
|
People v. Morrison
Rational basis was the appropriate standard of review for determining whether differences regarding the right to, and waiver of, a jury trial between statutory civil commitment procedures violated equal protection. |
Criminal Law and Procedure |
|
A. Danner | Apr. 16, 2025 |
|
C101953
|
Modification: People v. Griggs
A judge's order recalling defendant's sentence and assigning the matter for resentencing under Penal Code Section 1172.1 is not appealable. |
Criminal Law and Procedure |
|
J. Renner | Apr. 16, 2025 |
|
A170052
|
Cain v. Superior Court (People)
Trial court erred in recusing Public Defender's Office from representing defendant when potential conflict of interest from prior representation was based on speculation. |
Criminal Law and Procedure |
|
C. Hite | Apr. 15, 2025 |
|
B325167
|
People v. Hinojos
Sustained objection under Code of Civil Procedure Section 231.7, which prohibits peremptory challenges based on prospective juror's race, raises mixed question of law and fact subject to de novo review. |
Criminal Law and Procedure |
|
M. Pulos | Apr. 10, 2025 |
|
B336656
|
People v. Munoz
Superior court did not err in denying defendant's resentencing petition because his sentence of 50 years to life was not the functional equivalent of life without the possibility of parole. |
Criminal Law and Procedure |
|
J. Segal | Apr. 10, 2025 |
|
B332704
|
People v. Rodriguez
Admitting defendant's prior voluntary incriminating statements made in parole context during resentencing proceedings did not violate the defendant's Fifth Amendment rights because conviction remained intact throughout. |
Criminal Law and Procedure |
|
R. Adams | Apr. 9, 2025 |
|
B333314
|
People v. Virgen
Because an instructional error may have led to defendant's second-degree murder conviction absent a finding of malice aforethought, a retrial was warranted. |
Criminal Law and Procedure |
|
V. Viramontes | Apr. 9, 2025 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com