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People v. Fleming
Where trial court's language did not "clearly indicate" that it would have imposed the upper sentence, case was remanded for resentencing. 		Criminal Law and Procedure 2DCA/6 Aug. 7, 2025
People v. Harlow
Defendant was eligible for mental health diversion even though his diagnoses came three years after offense because the diagnoses were made within the window established by the Legislature. 		Criminal Law and Procedure 4DCA/1 Aug. 7, 2025
U.S. v. Bradford
Indictment was not duplicitous where its counts merely described multiple means by which the defendant could commit a single crime rather than including multiple offenses in a single count. 		Criminal Law and Procedure 9th Aug. 5, 2025
People v. Dain
The proper remedy for errors in a trial court's order dismissing a strike under the Three Strikes Law is a remand that allows for further proceedings-- not remand with directions. 		Criminal Law and Procedure CASC Aug. 5, 2025
People v. Faial
Probation could not be revoked where ameliorative legislation operated retroactively to shorten probationer's term such that it terminated before the revocation occurred. 		Criminal Law and Procedure CASC Aug. 1, 2025
Amended Opinion: In re: Joshua Davis
Mandatory Victims Restitution Act permitted victims to seek amended restitution order where they discovered the original order did not include losses that were unclaimed due to government error. 		Criminal Law and Procedure 9th Aug. 11, 2025
In re Huerta
Alleged racial disparity in gang enhancements, standing alone, did not qualify as an eligible "offense" for purposes of habeas petitioner's Racial Justice Act claim. 		Criminal Law and Procedure, Habeas Corpus 5DCA Jul. 31, 2025
People v. Christensen
Sentence of life without the possibility of parole imposed on kidnapper who was 18 years old at the time of the offense did not violate the Eighth Amendment. 		Criminal Law and Procedure 4DCA/3 Jul. 31, 2025
People v. Gresham
Despite defendant's confusion during arrest, because evidence supported that defendant "reasonably should have known" he was resisting officers, his conviction was affirmed. 		Criminal Law and Procedure 2DCA/8 Jul. 30, 2025
Criminal Justice Legal Foundation v. Dept. of Corrections & Rehabilitation
Regulations adopted under voter initiative that allowed applying good behavior credits to advance minimum eligible parole dates for inmates serving certain indeterminate sentences was inconsistent with existing law and invalid. 		Criminal Law and Procedure 3DCA Jul. 30, 2025
People v. Torres
Mitigating circumstance for enhancements resulting in sentences exceeding 20 years did not apply where the sentence without the enhancement already exceeded 20 years. 		Criminal Law and Procedure 3DCA Jul. 30, 2025
People v. Superior Court (Valdez)
Where defendant was already resentenced from life without the possibility of parole to a lesser sentence, he was not subsequently entitled to relief under Penal Code section 1170(d)(10). 		Criminal Law and Procedure 4DCA/2 Jul. 28, 2025
People v. Dunn
Though defendant's shootings in a small town made the news, trial court's denial of venue change was appropriate because facts supported that he could obtain a fair and impartial trial. 		Criminal Law and Procedure CASC Jul. 25, 2025
People v. Cunningham
Defendant was ineligible for Penal Code section 1172.6 because jury instructions, along with verdict, established defendant acted with malice. 		Criminal Law and Procedure 2DCA/6 Jul. 24, 2025
People v. Benitez-Torres
Attorney's failure to understand and explain the immigration consequences of a guilty plea prejudiced client and entitled him to relief under Penal Code 1473.7. 		Criminal Law and Procedure 4DCA/3 Jul. 24, 2025
People v. Cota
Under Penal Code section 1172.75, trial court maintained jurisdiction to resentence defendant with prison priors despite CDCR's failure to provide the court with the list of eligible inmates. 		Criminal Law and Procedure 6DCA Jul. 23, 2025
U.S. v. Hassan
The Sixth Amendment's guarantee of a fair trial permits the trier of fact to compare, for identification purposes, photographs or video of the culprit with the defendant's in-court appearance. 		Criminal Law and Procedure 9th Jul. 23, 2025
U.S. v. Bryant
Despite being sentenced to 70 years when he was 16 years old, defendant's youth, as a standalone factor, was not enough to warrant compassionate release. 		Criminal Law and Procedure 9th Jul. 22, 2025
People v. Choyce
Claims of prosecutorial misconduct were forfeited where neither a timely objection regarding misconduct was made nor any jury admonishment sought despite several sustained, contemporaneous evidentiary objections. 		Criminal Law and Procedure CASC Jul. 22, 2025
U.S. v. Ghanem
Refusing offense-level reduction for accepting responsibility was not clear error where the defendant's conduct, including attempting to minimize his involvement in the offense, was inconsistent with accepting responsibility. 		Criminal Law and Procedure 9th Jul. 18, 2025
People v. Reyes
Trial court did not err by admitting significant evidence about defendant's gang affiliation during the guilt phase of bifurcated murder trial where the affiliation was relevant to motive and intent. 		Criminal Law and Procedure 2DCA/6 Jul. 18, 2025
People v. Lara
Regional center expert should have been appointed by trial court to evaluate defendant's competency to stand trial when record showed that a sufficient basis regarding defendant's developmental disability existed. 		Criminal Law and Procedure 5DCA Jul. 18, 2025
Modification: 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 CASC Jul. 18, 2025
People v. Thompson
Statutory distinction for resentencing petitions between juveniles sentenced to life without parole and juveniles sentenced to 50 years to life did not violate equal protection. 		Criminal Law and Procedure, Constitutional Law 2DCA/3 Jul. 16, 2025
Modification: People v. Munoz
Despite not requiring unanimity amongst jurors as to which specific overt act was required for conspiracy to commit murder, jury instructions did not violate Sixth Amendment. 		Criminal Law and Procedure 1DCA/5 Jul. 15, 2025
People v. Valle
Statute criminalizing possession of "sharp instruments" by prisoners was not unconstitutionally vague as applied to defendant who hid a sharpened piece of plastic in his mattress. 		Criminal Law and Procedure 2DCA/6 Jul. 15, 2025
U.S. v. Petrushkin
Mere possession of a firearm was insufficient to trigger the application of U.S. Sentencing Guideline section 2K2.1(c)(1), for possession in connection with the commission of another offense. 		Criminal Law and Procedure 9th Jul. 15, 2025
People v. Brinson
Because Penal Code section 1171 did not override Penal Code section 1172.1(c), trial court's decision not to act on recall and resentencing request was nonappealable. 		Criminal Law and Procedure 1DCA/3 Jul. 15, 2025
U.S. v. Schena
Payments from owner of medical diagnostic laboratory to intermediary marketers rather than to the doctors actually making patient referrals violated law anti-renumeration law. 		Criminal Law and Procedure 9th Jul. 14, 2025
U.S. v. Westfall
Warrant based on information from confidential informant that was independently corroborated by police was supported by probable cause. 		Criminal Law and Procedure 9th Jul. 11, 2025
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