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People v. Velador
Trial courts have jurisdiction to grant mental health diversion to criminal defendants after the issue of defendant's competency has been raised but before competency has been decided.
Criminal Law and Procedure 4DCA/2 Jul. 15, 2024
People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill.
Criminal Law and Procedure 6DCA Jul. 15, 2024
Rodriguez v. Superior Court (People)
After deducting time attributable to defense-requested delays, criminal defendant had not been committed under the incompetence program beyond the maximum of two years.
Criminal Law and Procedure 6DCA Jul. 12, 2024
People v. Wood
Trial court abused its discretion by not staying civil proceedings in the face of inherent unfairness from parallel criminal proceedings based on same conduct where defendant was indigent and unrepresented.
Criminal Law and Procedure 4DCA/3 Jul. 12, 2024
People v. Lamb
Death penalty vacated where evidence could no longer support jury's decision of gang-murder special-circumstance allegation after passage of Assembly Bill 333.
Criminal Law and Procedure CASC Jul. 12, 2024
People v. Arellano
Penal Code Section 1172.6(e) resentencing does not permit courts to impose a sentencing enhancement or allegation unless it was pled and either proven to the trier of fact or by admission in open court.
Criminal Law and Procedure CASC Jul. 12, 2024
People v. Canales
Defendant's challenge to jury instructions for continuous sexual abuse of children was precluded by the presumption of mandatory culpability.
Criminal Law and Procedure 2DCA/8 Jul. 11, 2024
Marks v. Davis
State adjudication of intellectual disability-based habeas petition that contained material misstatements of facts regarding expert testimony in the record was based on an unreasonable determination of the facts.
Criminal Law and Procedure 9th Jul. 10, 2024
People v. Morgan
Resisting an officer by "force or violence" under Penal Code Section 69(a) does not require the use of force or violence "upon the person of" the officer, in this case applying to aiming an unloaded gun at an officer.
Criminal Law and Procedure 1DCA/1 Jul. 9, 2024
People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper.
Criminal Law and Procedure 5DCA Jul. 3, 2024
People v. Rodriguez
Defendant's guilty plea precluded trial court from making credibility determinations regarding his intent and, coupled with testimony he acted alone, was sufficient to establish his personal intent to kill.
Criminal Law and Procedure 2DCA/6 Jul. 3, 2024
People v. Ramos
Trial court did not err in denying Penal Code Section 1172.6 resentencing request when defendant admitted everything necessary for establishing guilt in his plea agreement.
Criminal Law and Procedure 4DCA/3 Jul. 5, 2024
U.S. v. Atherton
Defendant failed to establish that the district court relied on false or unreliable information during sentencing based on the court's comments that research on sex offenses was only in its early stages.
Criminal Law and Procedure 9th Jul. 5, 2024
People v. Singh
Officer's Punjabi translation of *Miranda* rights, while not a strict translation, properly conveyed defendant's rights.
Criminal Law and Procedure 5DCA Jul. 2, 2024
People v. Reed
Amendments that shortened parolee's maximum parole term from life to three years also rendered mandatory penalty provision for lifetime parolee violations inapplicable.
Criminal Law and Procedure 1DCA/3 Jul. 2, 2024
People v. Cofer
When sentencing a defendant concurrently at a single hearing to resolve multiple cases, trial courts must apply presentence credits for all periods of actual custody toward all concurrent sentences.
Criminal Law and Procedure 6DCA Jul. 2, 2024
Molina v. Superior Court (People)
Trial court erred in not providing defendant a separate interpreter when his preliminary examination also involved non-English speaking two codefendants and witnesses.
Criminal Law and Procedure 6DCA Jul. 2, 2024
People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 2, 2024
Needham v. Superior Court (People)
In precommitment proceedings determining defendant's sexually violent predator status, although the People's retained expert may testify, the expert may not compel defendant to pretrial interview or testing.
Criminal Law and Procedure CASC Jul. 2, 2024
People v. Boyd
Trial court lacked jurisdiction to correct misstated credits as an unauthorized sentence when case was final; proper remedy was for appellate court to modify sentence to reflect correction.
Criminal Law and Procedure 4DCA/2 Jul. 1, 2024
Fischer v. U.S.
Sarbanes-Oxley official record tampering liability (in this case pertaining to a January 6 rioter) requires an attempt to impair the use of a record, document, or object for the official proceeding.
Criminal Law and Procedure USSC Jul. 1, 2024
U.S. v. Hernandez
Determining whether criminal defendant should be allowed to withdraw a guilty plea in good faith required determining whether he could have known or anticipated his new material reason for withdrawal.
Criminal Law and Procedure 9th Jul. 1, 2024
Garding v. Montana Dept. of Corrections
State supreme court was not unreasonable to conclude defense counsel's failure to secure an expert was a strategic decision and insufficient to support a finding of ineffective assistance of counsel.
Criminal Law and Procedure 9th Jul. 1, 2024
People v. Gonzalez
Presumption that terminally ill prisoner's sentence should be recalled could be overcome only by showing that he posed an unreasonable risk of danger to public safety in his current condition.
Criminal Law and Procedure 3DCA Jul. 1, 2024
U.S. v. Terabelian
Policy rationales underlying the fugitive-disentitlement doctrine weighed in favor of dismissing an appeal filed on behalf of a fugitive defendant following her conviction for bank and wire fraud.
Criminal Law and Procedure 9th Jun. 28, 2024
U.S. v. Sandeen
Expiration of grand jury was not a jurisdictional defect, so defendant-appellant's waiver of right to challenge conviction on any grounds effectively included the right to challenge expired grand jury's indictment.
Criminal Law and Procedure 9th Jun. 28, 2024
U.S. v. Stackhouse
Application of the federal kidnapping statute to an intrastate kidnapping was constitutional where a defendant used a cellphone in furtherance of the offense.
Criminal Law and Procedure 9th Jun. 28, 2024
In re Harris
When denying bail pursuant to the California Constitution's Article I, Section 12(b), trial courts are not limited to considering only evidence that would be admissible at a criminal trial.
Criminal Law and Procedure CASC Jun. 28, 2024
People v. Gonzalez
When contemplating the dismissal of a sentencing enhancement, the court needed to assess the danger to public safety inherent in any such dismissal based on the time of release.
Criminal Law and Procedure 4DCA/1 Jun. 28, 2024
Snyder v. U.S.
18 U.S.C. Section 666 proscribes bribes to state and local officials but does not make it a crime for those officials to accept gratuities for their past acts.
Criminal Law and Procedure USSC Jun. 27, 2024