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People v. McInnis
Because prosecution has ultimate authority to decide which cases to prosecute, trial court abused its discretion in determining that 27-year precharging delay was negligence arising from "investigatory failure."
Criminal Law and Procedure 4DCA/1 Nov. 17, 2025
People v. Rockhill
Judge's ex parte communications with a prosecutor created a constitutionally intolerable probability of judicial bias, violating defendant's right to a fair trial.
Judges, Criminal Law and Procedure 2DCA/7 Nov. 14, 2025
Modification: People v. Krueger
Petitioner was ineligible for resentencing relief under Penal Code section 1172.6 because she was not convicted under any theory of liability affected by the requisite amendments to murder statutes.
Criminal Law and Procedure 1DCA/2 Nov. 14, 2025
Modification: People v. Warner
Defendant who possessed the requisite mental state for direct aiding and abetting murder was ineligible for relief under Penal Code section 1172.6.
Criminal Law and Procedure 1DCA/2 Nov. 14, 2025
People v. Demacedo
Defendant's conviction for driving under the influence causing injury was not a lesser included offense of gross vehicular manslaughter when different victims were involved with the separate charges.
Criminal Law and Procedure 1DCA/3 Nov. 14, 2025
Amended Opinion: U.S. v. Steinman
Thirty-minute-long traffic stop was not unreasonably prolonged where officer questioned defendant while writing the citation and waiting for the criminal history check.
Criminal Law and Procedure 9th Nov. 14, 2025
Amended Opinion: U.S. v. Sullivan
Defendant was not entitled to a jury instruction requiring a nexus between his conduct and a Federal Trade Commission investigation for a Section 1505 obstruction conviction.
Criminal Law and Procedure 9th Nov. 13, 2025
Hernandez v. Superior Court (People)
Because officers' racially charged remarks and assumptions showed prima facie bias, the trial court erred in denying a Racial Justice Act evidentiary hearing.
Criminal Law and Procedure 6DCA Nov. 12, 2025
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 Nov. 11, 2025
People v. Tokhunts
Sustaining objection to peremptory challenge was not prejudicial error where defendant failed to demonstrate the juror was incompetent and could have been dismissed for cause based on the record.
Criminal Law and Procedure 2DCA/3 Nov. 11, 2025
Modification: People v. Melgoza
Modified jury instruction defining "force" for forcible rape and forcible oral copulation as including movement or positioning of the victim's body misstated the law and constituted prejudicial error.
Criminal Law and Procedure 6DCA Nov. 6, 2025
People v. Gomez
Hesitation and reluctance from mother of minor witness-victim were insufficient to show genuine impossibility of live testimony.
Criminal Law and Procedure, Evidence 4DCA/1 Nov. 5, 2025
People v. Guevara
Defense counsel's repeated delay and eventual failure to file resentencing brief or presenting evidence in mitigation prejudiced defendant's resentencing outcome, constituting ineffective assistance of counsel.
Criminal Law and Procedure, Attorneys 1DCA/3 Nov. 4, 2025
People v. Superior Court (Taylor)
Trial court abused its discretion in granting pretrial mental health diversion when no evidence established defendant's probable compliance with treatment or nonrisk to public safety.
Criminal Law and Procedure 2DCA/1 Nov. 3, 2025
People v. Olea
Trial court's order denying defendant's request for recall and resentencing was appealable despite no explicit statutory right because the trial court's actions and order affected his substantial rights.
Criminal Law and Procedure 6DCA Nov. 3, 2025
People v. Perez-Tinoco
Penal Code Section 1172.6 does not prevent a trial court from granting a writ of habeas corpus alleging error under *People v. Chiu*.
Criminal Law and Procedure 4DCA/3 Nov. 3, 2025
People v. Cervantes
Trial court had inherent authority to correct unauthorized sentence and erred in ruling it lacked jurisdiction to do so.
Criminal Law and Procedure 2DCA/6 Oct. 31, 2025
People v. Mirabal
Battery was a lesser included offense of rape of an intoxicated person that the jury should have been instructed on based on the evidence produced at trial.
Criminal Law and Procedure 6DCA Oct. 30, 2025
People v. Taito
Trial court properly denied Penal Code section 1172.6 petition, where jury's true finding on felony-murder special circumstance rendered defendant ineligible for resentencing as a matter of law.
Criminal Law and Procedure 2DCA/3 Oct. 30, 2025
Nevarez v. Superior Court (People)
Liability for murder does not automatically end the moment an intoxicated driver ceases driving--in this case, liability was properly imposed on a driver who had ceased driving two minutes prior to a fatal collision.
Criminal Law and Procedure 4DCA/1 Oct. 29, 2025
People v. Sevilla
Trial court properly refused defendant's request for involuntary manslaughter instruction when evidence supported defendant's deliberate shooting was more than mere criminal negligence
Criminal Law and Procedure 1DCA/4 Oct. 29, 2025
U.S. v. Vandyke
District court erroneously dismissed illegal firearm possession indictment, where defendant's Second Amendment rights were not violated given protective orders analogous to historical disarmament.
Constitutional Law, Criminal Law and Procedure 9th Oct. 28, 2025
People v. Feise
Trial court did not err by imposing a five-year enhancement on DUI defendant for causing victim paralysis, as a jury could reasonably reach the paralysis enhancement without expert medical testimony.
Criminal Law and Procedure 3DCA Oct. 24, 2025
People v. Guzman
When an objection to a peremptory challenge under CCP section 231.7 is erroneously sustained, the "deemed prejudicial" standard, which requires reversal and a new trial, does not apply.
Criminal Law and Procedure 4DCA/3 Oct. 24, 2025
People v. Lara
Defendant entitled to youthful offender parole hearing was not serving the functional equivalent of life without parole and was ineligible for resentencing relief under Penal Code section 1170.
Criminal Law and Procedure 2DCA/6 Oct. 24, 2025
People v. Riddle
After defendant's planned residential treatment fell through, trial court acted within its discretion in terminating mental health diversion and refusing to compel public payment for private treatment.
Criminal Law and Procedure 3DCA Oct. 23, 2025
People v. Warner
Defendant who possessed the requisite mental state for direct aiding and abetting murder was ineligible for relief under Penal Code section 1172.6.
Criminal Law and Procedure 1DCA/2 Oct. 23, 2025
People v. Krueger
Petitioner was ineligible for resentencing relief under Penal Code section 1172.6 because she was not convicted under any theory of liability affected by the requisite amendments to murder statutes.
Criminal Law and Procedure 1DCA/2 Oct. 23, 2025
U.S. v. Kroyter
Laches barred coram nobis petition alleging ineffective assistance of counsel for inadequate immigration advice where petitioner waited nine years to file and two key attorneys were deceased by then.
Criminal Law and Procedure 9th Oct. 22, 2025
Modification: People v. U.S. Fire Insurance Co.
Trial court was not required to forfeit bond when defendant failed to appear for trial readiness conference because defendants may be excused from such a hearing and his counsel appeared.
Criminal Law and Procedure 4DCA/1 Oct. 21, 2025