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Modification: Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. 		Criminal Law and Procedure 4DCA/3 Jan. 17, 2025
People v. Bey
Trial court did not abuse its discretion in revoking criminal defendant's pro per status when defendant's behavior disrupted proceeding. 		Criminal Law and Procedure 2DCA/2 Jan. 17, 2025
In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. 		Criminal Law and Procedure 3DCA Jan. 16, 2025
People v. Superior Court (White)
Trial court erroneously concluded that jury's special circumstance finding regarding felony-murder had no preclusive effect in Penal Code Section 1172.6 resentencing proceedings. 		Criminal Law and Procedure 2DCA/6 Jan. 15, 2025
People v. Love
Penal Code Section 1170.95 resentencing request was properly rejected when defendant's murder conviction established he acted alone with the requisite malice. 		Criminal Law and Procedure 2DCA/3 Jan. 15, 2025
People v. Bravo
An enhancement that was originally stayed did not preclude resentencing under Penal Code Section 112.75. 		Criminal Law and Procedure 1DCA/2 Jan. 9, 2025
Modification: People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. 		Criminal Law and Procedure 2DCA/2 Jan. 7, 2025
People v. Collins
Liability for murder on a failure-to-protect theory requires the perpetrator to know to a substantial degree of certainty about a life-endangering act and fail to act in conscious disregard for life. 		Criminal Law and Procedure CASC Jan. 7, 2025
People v. Garcia
Gang-related evidence that was cumulative and prejudicial should not have been admitted at trial where the defendants requested bifurcation of gang enhancements because the evidence was more prejudicial than probative. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2025
People v. Quintero
When record did not support that prosecutors' use of the words "monsters" and "predators" in their closing statement exhibited any racial bias, no violation of the Racial Justice Act occurred. 		Criminal Law and Procedure 1DCA/5 Jan. 3, 2025
People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. 		Criminal Law and Procedure 2DCA/2 Dec. 31, 2024
U.S. v. In
Where officers spotted an unsecured gun in the back seat of defendant's car, *Terry* stop did not escalate into a *de facto* arrest without probable cause. 		Criminal Law and Procedure 9th Dec. 31, 2024
U.S. v. DeFrance
Montana family member assault conviction did not subsequently forbid the possession of firearms because it did not categorically require physical force. 		Criminal Law and Procedure 9th Dec. 31, 2024
People v. Gudiel
Petitioner was not entitled to resentencing because he could still be convicted of murder based on the still-valid theory of implied malice given his acts taken to aid life-threatening attack. 		Criminal Law and Procedure 2DCA/8 Dec. 30, 2024
People v. Stubblefield
A prosecutor who explicitly raised a defendant's race during closing arguments as a factor in law enforcement decision-making violated the California Racial Justice Act. 		Criminal Law and Procedure, Civil Rights 6DCA Dec. 30, 2024
U.S. v. Shuemake
Where witness's earlier sworn statement contradicted his grand jury statements, district court did not err in admitting the statement. 		Criminal Law and Procedure, Evidence 9th Dec. 27, 2024
Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. 		Criminal Law and Procedure 4DCA/3 Dec. 26, 2024
People v. Perrot
Parole condition prohibiting sex offender from accessing and using computer devices was narrowly tailored to further compelling state interest of protecting children. 		Criminal Law and Procedure 1DCA/4 Dec. 26, 2024
People v. Baugh
Trial court did not err by refusing to order prosecutor to obtain evidence regarding victim witness' alleged schizophrenia diagnosis. 		Criminal Law and Procedure, Evidence 1DCA/3 Dec. 23, 2024
People v. Zwerenz
Recommitment of an offender with a mental health disorder did not constitute double jeopardy in the face of substantial evidence supporting his recommitment. 		Criminal Law and Procedure 3DCA Dec. 23, 2024
People v. Barnes
Trial court violated Code of Civil Procedure Section 231.7 by using reasoning not offered by the prosecution to overrule defendant's peremptory strike challenge. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2024
People v. Torres
No particular type of evidence was necessary to prove that parent/child relationship existed between victim and defendant charged with criminal incest. 		Criminal Law and Procedure 4DCA/2 Dec. 20, 2024
People v. Davis
Petition for resentencing was denied under the new felony murder statute because substantial evidence supported the trial court's finding that Defendant was the actual killer beyond a reasonable doubt. 		Criminal Law and Procedure 1DCA/2 Dec. 20, 2024
U.S. v. Wilson
Selective-prosecution discovery was improper for George Floyd protesters charged with arson who claimed that other arsons in the Central District were not prosecuted. 		Criminal Law and Procedure 9th Dec. 20, 2024
Modification: In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection. 		Criminal Law and Procedure 2DCA/3 Dec. 19, 2024
U.S. v. Hackett
Given lack of clear authority, district court did not plainly err when it relied on sentencing guidelines commentary that incorporated intended loss into the plain meaning of the term "loss." 		Criminal Law and Procedure 9th Dec. 19, 2024
People v. Nava
An individual could not be convicted under both Penal Code sections 4500 and 4501 (assault with a deadly weapon while a life prisoner and assault with a deadly weapon while a prisoner) for the same conduct. 		Criminal Law and Procedure 3DCA Dec. 19, 2024
People v. Lattin
An assault with a firearm can be committed with an unloaded gun by a defendant who has ammunition available and the means to load it immediately. 		Criminal Law and Procedure 4DCA/1 Dec. 19, 2024
People v. Caratachea
Trial court was not required to conduct a sua sponte Evidence Code Section 352 inquiry where attorney did not request exclusion. 		Criminal Law and Procedure, Evidence 4DCA/1 Dec. 17, 2024
People v. Superior Court (Mitchell)
Although there is no statutory right for the prosecution to appeal an order reducing a charged felony to a misdemeanor, writ review may be available where the trial court acts in excess of its jurisdiction. 		Criminal Law and Procedure CASC Dec. 13, 2024
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