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People v. Rogers
A trial court has the authority to strike prior criminal "Strikes" at a Penal Code Section 1172.75 (prison priors) resentencing. 		Criminal Law and Procedure 6DCA Jan. 29, 2025
People v. Martinez
Resentencing petitioner's failure to raise an objection regarding Penal Code Section 1172.6's "same judge" rule was a forfeiture of that argument on appeal. 		Criminal Law and Procedure 2DCA/1 Jan. 29, 2025
Modification: In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. 		Criminal Law and Procedure 3DCA Jan. 28, 2025
People v. Lopez
A criminal case in which an appellate court affirmed a conviction but remanded for resentencing was not final and therefore subject to retroactive applicability of ameliorative legislation. 		Criminal Law and Procedure CASC Jan. 24, 2025
People v. Villagrana
Criminal appellant could still be convicted of murder where he pled no contest to voluntary manslaughter and was the only person who admitted using a firearm during the offense. 		Criminal Law and Procedure 2DCA/6 Jan. 23, 2025
Andrew v. White
Case was remanded where state court allowed for introduction of evidence focusing on defendant's sexual history despite its violation of clearly established Due Process principles. 		Criminal Law and Procedure USSC Jan. 22, 2025
U.S. v. Velazquez
In cases confined to drug importation charges, courts do not abuse their discretion when admitting relevant, probative, not unduly prejudicial evidence of the retail value of narcotics. 		Criminal Law and Procedure, Evidence 9th Jan. 22, 2025
Modification: Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. 		Criminal Law and Procedure 4DCA/3 Jan. 17, 2025
People v. Bey
Trial court did not abuse its discretion in revoking criminal defendant's pro per status when defendant's behavior disrupted proceeding. 		Criminal Law and Procedure 2DCA/2 Jan. 17, 2025
In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. 		Criminal Law and Procedure 3DCA Jan. 16, 2025
People v. Superior Court (White)
Trial court erroneously concluded that jury's special circumstance finding regarding felony-murder had no preclusive effect in Penal Code Section 1172.6 resentencing proceedings. 		Criminal Law and Procedure 2DCA/6 Jan. 15, 2025
People v. Love
Penal Code Section 1170.95 resentencing request was properly rejected when defendant's murder conviction established he acted alone with the requisite malice. 		Criminal Law and Procedure 2DCA/3 Jan. 15, 2025
People v. Bravo
An enhancement that was originally stayed did not preclude resentencing under Penal Code Section 112.75. 		Criminal Law and Procedure 1DCA/2 Jan. 9, 2025
Modification: People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. 		Criminal Law and Procedure 2DCA/2 Jan. 7, 2025
People v. Collins
Liability for murder on a failure-to-protect theory requires the perpetrator to know to a substantial degree of certainty about a life-endangering act and fail to act in conscious disregard for life. 		Criminal Law and Procedure CASC Jan. 7, 2025
People v. Garcia
Gang-related evidence that was cumulative and prejudicial should not have been admitted at trial where the defendants requested bifurcation of gang enhancements because the evidence was more prejudicial than probative. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2025
People v. Quintero
When record did not support that prosecutors' use of the words "monsters" and "predators" in their closing statement exhibited any racial bias, no violation of the Racial Justice Act occurred. 		Criminal Law and Procedure 1DCA/5 Jan. 3, 2025
People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. 		Criminal Law and Procedure 2DCA/2 Dec. 31, 2024
U.S. v. In
Where officers spotted an unsecured gun in the back seat of defendant's car, *Terry* stop did not escalate into a *de facto* arrest without probable cause. 		Criminal Law and Procedure 9th Dec. 31, 2024
U.S. v. DeFrance
Montana family member assault conviction did not subsequently forbid the possession of firearms because it did not categorically require physical force. 		Criminal Law and Procedure 9th Dec. 31, 2024
People v. Gudiel
Petitioner was not entitled to resentencing because he could still be convicted of murder based on the still-valid theory of implied malice given his acts taken to aid life-threatening attack. 		Criminal Law and Procedure 2DCA/8 Dec. 30, 2024
People v. Stubblefield
A prosecutor who explicitly raised a defendant's race during closing arguments as a factor in law enforcement decision-making violated the California Racial Justice Act. 		Criminal Law and Procedure, Civil Rights 6DCA Dec. 30, 2024
U.S. v. Shuemake
Where witness's earlier sworn statement contradicted his grand jury statements, district court did not err in admitting the statement. 		Criminal Law and Procedure, Evidence 9th Dec. 27, 2024
Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. 		Criminal Law and Procedure 4DCA/3 Dec. 26, 2024
People v. Perrot
Parole condition prohibiting sex offender from accessing and using computer devices was narrowly tailored to further compelling state interest of protecting children. 		Criminal Law and Procedure 1DCA/4 Dec. 26, 2024
People v. Baugh
Trial court did not err by refusing to order prosecutor to obtain evidence regarding victim witness' alleged schizophrenia diagnosis. 		Criminal Law and Procedure, Evidence 1DCA/3 Dec. 23, 2024
People v. Zwerenz
Recommitment of an offender with a mental health disorder did not constitute double jeopardy in the face of substantial evidence supporting his recommitment. 		Criminal Law and Procedure 3DCA Dec. 23, 2024
People v. Barnes
Trial court violated Code of Civil Procedure Section 231.7 by using reasoning not offered by the prosecution to overrule defendant's peremptory strike challenge. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2024
People v. Torres
No particular type of evidence was necessary to prove that parent/child relationship existed between victim and defendant charged with criminal incest. 		Criminal Law and Procedure 4DCA/2 Dec. 20, 2024
People v. Davis
Petition for resentencing was denied under the new felony murder statute because substantial evidence supported the trial court's finding that Defendant was the actual killer beyond a reasonable doubt. 		Criminal Law and Procedure 1DCA/2 Dec. 20, 2024
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