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Name Category Published
People v. Aguilar
Trial court's failure to investigate potential juror's confusion invalidated peremptory challenge to strike that juror when there was a possibility that challenge was race-related.
Criminal Law and Procedure 4DCA/1 Jan. 5, 2026
People v. Anaya
Where defendant was convicted as a direct perpetrator, trial court properly relied on trial findings to deny a Penal Code section 1172.6 petition at the prima facie stage.
Criminal Law and Procedure 2DCA/6 Jan. 2, 2026
People v. Brammer
Under Penal Code section 1172.1, trial court's resentencing of defendant to a term that did not meaningfully accelerate his release was not an abuse of discretion.
Criminal Law and Procedure 2DCA/1 Jan. 2, 2026
Reed v. Superior Court (People)
A defendant charged with a Health and Safety Code treatment-mandated felony is not precluded from participating in Penal Code section 1001.36 pretrial mental health diversion.
Criminal Law and Procedure 1DCA/4 Jan. 2, 2026
People v. Jimenez
Defendant was erroneously sentenced under the general vandalism statute, where a more specific, relevant statute concerning vandalism of jail property applied.
Criminal Law and Procedure 5DCA Dec. 31, 2025
People v. Kopp
Ancillary costs waiver for indigent civil litigants, but not indigent criminal defendants, violated equal protection.
Criminal Law and Procedure CASC Dec. 30, 2025
People v. Salstrom
On resentencing, Penal Code section 1465.9 required the trial court to vacate a restitution fine originally imposed more than ten years earlier.
Criminal Law and Procedure 3DCA Dec. 30, 2025
Amended Opinion: U.S. v. Holmes
Restitution for property lost as a result of company's fraud was the monetary value invested where there was no reasonable opportunity to sell shares after the fraud came to light.
Criminal Law and Procedure 9th Dec. 26, 2025
U.S. v. Rodriguez
District court properly applied sentencing enhancement for possession of two California driver's licenses, where defendant conceded possession, and the Sentencing Guidelines contained no mens rea requirement.
Criminal Law and Procedure 9th Dec. 23, 2025
Amended Opinion: U.S. v. Patrick
Federal penalty statute allowed district court to simultaneously enter a total fine amount "due immediately" while establishing an installment schedule for payment due to defendant's indigent status.
Criminal Law and Procedure 9th Dec. 22, 2025
U.S. v. Justus
District court did not abuse its discretion in admitting evidence of defendant's violent, anti-government Facebook activity at trial.
Criminal Law and Procedure, Evidence 9th Dec. 22, 2025
People v. Cabalar
Trial court abused its discretion in denying mental health diversion when defendant met all statutory criteria, and there was no evidence supporting defendant was a risk to public safety.
Criminal Law and Procedure 4DCA/3 Dec. 18, 2025
Benavides v. Superior Court (People)
Penal Code section 859b required dismissal of criminal complaint when preliminary hearing was continued beyond statutory period without good cause and defendant actually remained in custody beyond that period.
Criminal Law and Procedure 2DCA/5 Dec. 18, 2025
In re Thai
Limiting types of prison conduct credits available to advance youth parole eligibility date while allowing non-youthful offenders to utilize other types of credits did not violate equal protection.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Dec. 18, 2025
Kuhnel v. Appellate Division
Because petitioner's probation expired by operation of law due to ameliorative, retroactive legislation before the trial court summarily revoked it, the court lacked jurisdiction to adjudicate alleged probation violation.
Criminal Law and Procedure 1DCA/3 Dec. 18, 2025
People v. Ismaiel
Trial court's incorrect instruction that defendant's alleged mistake of fact (as to minor's age) had to be reasonable was prejudicial, as a juror could have found defendant's testimony of mistake credible.
Criminal Law and Procedure 1DCA/5 Dec. 17, 2025
People v. Crenshaw
Because assault weapons fall outside the Nation's historical tradition of constitutionally protected firearms, prohibiting their possession does not violate the United States Constitution.
Criminal Law and Procedure, Constitutional Law 1DCA/5 Dec. 16, 2025
In re Riley
Trial court abused its discretion by terminating criminal defendant from work release program despite finding no willful violation and without adequately inquiring into whether she remained fit for it.
Criminal Law and Procedure 1DCA/3 Dec. 16, 2025
People v. Shaw
Under Three Strikes law, where defendant's two manslaughter convictions arose from a single criminal act, trial and appellate court erred by treating the convictions as separate strikes solely due to multiple victims.
Criminal Law and Procedure CASC Dec. 16, 2025
People v. Kinnear
Trial court erred by imposing upper term and second-strike sentence after accepting defendant's stipulation without advising him of his constitutional rights or eliciting a knowing and voluntary waiver.
Criminal Law and Procedure 2DCA/7 Dec. 12, 2025
People v. Harrison
Defendant's resentencing petition for mitigation due to military service-related conditions failed because his conviction was for a statutorily excluded super-strike offense rendering him categorically ineligible.
Criminal Law and Procedure 1DCA/4 Dec. 12, 2025
U.S. v. Kittson
Illegal transfer of a machinegun to undercover government agent did not qualify for the exemption for transferring machineguns to the United States government.
Criminal Law and Procedure 9th Dec. 11, 2025
People v. Grandberry
Petitioner was ineligible for resentencing under Penal Code section 1172.6 because he was a major participant in felonies underlying a murder and acted with reckless indifference to human life.
Criminal Law and Procedure 2DCA/3 Dec. 10, 2025
People v. Cain
Because Penal Code section 1509 makes habeas corpus the exclusive vehicle for attacking death judgments, invoking section 1172.75 to reopen a final death sentence was an impermissible collateral attack.
Criminal Law and Procedure 2DCA/6 Dec. 10, 2025
People v. S.H.
Because defendant's child-pornography offense was not a "direct result" of sexual violence, Penal Code section 236.15 relief was unavailable.
Criminal Law and Procedure 4DCA/2 Dec. 10, 2025
People v. Frederickson
Resentencing first-degree murder conviction--thereby eliminating special circumstance that attached only to first-degree murders--did not run afoul of Penal Code section 1385.1, which prohibits judges from striking special circumstances.
Criminal Law and Procedure 4DCA/3 Dec. 9, 2025
Modification: In re Mattison
Penal Code section 1465.9(d)'s 10-year limit on restitution fines does not trigger the full resentencing rule when vacating that portion of a judgment.
Criminal Law and Procedure 4DCA/2 Dec. 9, 2025
Lee v. Superior Court (People)
Dismissal was required where preliminary hearing on amended complaint was set outside the statutory 60-day period and defendant's limited time waiver--despite defendant's general time waiver under the original complaint.
Criminal Law and Procedure 5DCA Dec. 5, 2025
People v. Holliday
Defendant failed to show eligibility for military pretrial diversion despite relatively low burden of proof because he offered no admissible evidence of his eligibility.
Criminal Law and Procedure 3DCA Dec. 4, 2025
People v. Dozier
Penal Code section 1172.75(d)(4) constitutionally permitted reimposition of defendant's pre-2007 upper-term enhancement despite the absence of jury-found aggravating facts.
Criminal Law and Procedure 2DCA/7 Dec. 4, 2025