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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 1DCA/4 Apr. 23, 2025
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 2DCA/7 Apr. 21, 2025
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 1DCA/2 Apr. 21, 2025
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 6DCA Apr. 16, 2025
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 3DCA Apr. 16, 2025
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 1DCA/4 Apr. 15, 2025
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 2DCA/7 Apr. 10, 2025
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 2DCA/7 Apr. 10, 2025
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 2DCA/3 Apr. 9, 2025
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 2DCA/8 Apr. 9, 2025
People v. Gomez
Because evidence was insufficient to prove that flare gun was designed to be used as a weapon, defendant's conviction for possession of a firearm by a felon was vacated.
Criminal Law and Procedure 6DCA Apr. 9, 2025
Lacour v. Superior Court (People)
Trial court abused its discretion in denying mental health diversion based on the absence of evidence when statute requires substantial clear and convincing evidence from the prosecution.
Criminal Law and Procedure 3DCA Apr. 8, 2025
People v. McGhee
Defendant's murder conviction was reversed and remanded when trial court's decision to remove juror for misconduct was unsupported by the record.
Criminal Law and Procedure CASC Apr. 4, 2025
People v. Jasso
Admission of detective's testimony regarding accomplice's friend's statements made during interview was not error where accomplice's statements were against his interest and defense counsel did not object to detective's testimony.
Criminal Law and Procedure, Evidence CASC Apr. 4, 2025
U.S. v. Carver
Despite shift in court deference to agency interpretations of regulations, precedent that convictions set aside under Penal Code Section 1203.4 are not expunged for federal sentencing purposes remained good law.
Criminal Law and Procedure 9th Apr. 3, 2025
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 1DCA/4 Apr. 1, 2025
McIntosh v. Superior Court (People)
During the informal pleading stage of proceedings under the Racial Justice Act, a petitioner need only allege facts that would establish a violation to trigger the appointment of counsel.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2025
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 1DCA/2 Apr. 1, 2025
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 3DCA Mar. 28, 2025
U.S. v. Holcomb
Search warrant provision allowing for seizure of information displaying defendant's "dominion and control" over defendant's computer files was invalid as overbroad and insufficiently particular.
Criminal Law and Procedure 9th Mar. 28, 2025
In re J.D.
Because juvenile's theft and assault charges were separate and distinct despite occurring within 30 minutes of each other, *Kellett* bar against multiple prosecutions was inapplicable.
Criminal Law and Procedure, Juveniles 2DCA/6 Mar. 27, 2025
People v. Cabada
Remand was unnecessary where jury would have found aggravating factors true beyond a reasonable doubt if presented to them, and trial court indicated it would not have imposed lesser sentence.
Criminal Law and Procedure 2DCA/6 Mar. 26, 2025
Thompson v. United States
Section 1014 violations for false statements to a federal loan or credit agency do not include misleading statements.
Criminal Law and Procedure, Banking USSC Mar. 24, 2025
Delligatti v. United States
Knowing or intentional causation of injury necessarily involves the use of physical force, by act or omission, against another and is a crime of violence for 18 U.S.C. Section 924.
Criminal Law and Procedure USSC Mar. 24, 2025
Modification: Jackson v. Superior Court (People)
Statistical and other evidence was sufficient to entitle defendant to evidentiary hearing on whether there was a violation of the Racial Justice Act due to officers' implicit bias.
Criminal Law and Procedure 4DCA/1 Mar. 25, 2025
People v. Nguyen
Defendants' petition for resentencing was remanded, as trial court did not appear to realize that it had discretion dismiss the special circumstances allegation attached to their murder charges.
Criminal Law and Procedure 4DCA/3 Mar. 25, 2025
U.S. v. Hamilton
Officers had probable cause for a warrantless arrest where defendant fled after officers attempted to stop him and the officers had evidence linking him to a prior shooting.
Criminal Law and Procedure 9th Mar. 25, 2025
People v. Woods
Worker's compensation attorney should have been charged under specific Labor Code statute rather than general Penal Code statute for his role in business arrangement involving unlawful referral and kickback fees.
Criminal Law and Procedure, Workers' Compensation 4DCA/3 Mar. 20, 2025
U.S. v. Parviz
Use of forged letter to circumvent requirements for minors seeking passports satisfied aggravated identity theft statute because defendant's use of another's identity was at the crux of her passport fraud.
Criminal Law and Procedure 9th Mar. 20, 2025
People v. Padron
Trial court erred in denying asylee's request to vacate plea when asylee sufficiently evidenced that his mental impairment affected ability to fully understand plea's consequences which he would have rejected otherwise.
Criminal Law and Procedure 2DCA/7 Mar. 19, 2025