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Name Category Published
U.S. v. Preston
Aggravated sexual abuse of child convictions reversed and new trial ordered due to evidentiary errors and prosecutorial misconduct. 		Criminal Law and Procedure 9th Oct. 18, 2017
People v. Warmington
Petition to redesignate conviction for embezzlement improperly denied where property embezzled was worth less than $950 and petitioner not otherwise ineligible for Proposition 47 relief. 		Criminal Law and Procedure 3DCA Oct. 18, 2017
People v. Lewelling
Conviction reversed where trial court's jury instruction directs jury to refer to other jury instruction that does not define essential element of charge. 		Criminal Law and Procedure 1DCA/2 Oct. 18, 2017
People v. Navarra
Proposition 57 does not apply retroactively to afford juvenile homicide offender sentenced to life without possibility of parole juvenile 'fitness hearing' under 'Montgomery v. Louisiana.' 		Criminal Law and Procedure 5DCA Oct. 17, 2017
People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate. 		Criminal Law and Procedure 4DCA/1 Oct. 13, 2017
People v. Alaniz
Motion for new trial properly denied where defendant fails to show jury misconduct stemming from its discussion of defendant's failure to testify. 		Criminal Law and Procedure 2DCA/7 Oct. 12, 2017
People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. 		Criminal Law and Procedure 6DCA Oct. 12, 2017
Gonzalez v. Sherman
State court's alteration of presentence credits constitutes new intervening judgment allowing prisoner to file federal habeas petition that does not run afoul of AEDPA's prohibition on 'second or successive' petitions. 		Criminal Law and Procedure 9th Oct. 12, 2017
U.S. v. Bonnett
An obstruction of justice enhancement may be based upon a finding of the defendant's malingering. 		Criminal Law and Procedure 9th Oct. 11, 2017
U.S. v. Slade
Prior conviction for second-degree assault under Washington law erroneously treated as crime of violence, warranting resentencing of felon in possession of firearm conviction. 		Criminal Law and Procedure 9th Oct. 11, 2017
People v. Mays
Defendant unsuccessful in challenging restitution order to estate of victim's mother, where mother qualified as victim under the statute and incurred expenses before death. 		Criminal Law and Procedure 3DCA Oct. 9, 2017
People v. Blancett
Reversal required due to failure to obtain defendant's knowing, voluntary and intelligent waiver of right to jury trial in mentally disordered offender commitment hearing. 		Criminal Law and Procedure 2DCA/6 Oct. 6, 2017
People v. Jo
Defendant unsuccessful in challenging conviction for child custody deprivation, where trial-related errors were either harmless or meritless. 		Criminal Law and Procedure 3DCA Oct. 5, 2017
People v. Cruz
Defendant ineligible for Proposition 36 resentencing where defendant was armed with weapon during commission of his or her crime. 		Criminal Law and Procedure 2DCA/6 Oct. 4, 2017
Rodriguez v. McDonald
State courts’ finding of valid waiver of right to counsel unreasonable; therefore, teen’s purported confession violated his ‘Miranda’ rights, warranting habeas relief. 		Criminal Law and Procedure 9th Oct. 2, 2017
People v. Thomas
Sufficient evidence supported jury’s finding that father committed repeated sexual abuse of young daughter by means of force, fear, menace, or duress. 		Criminal Law and Procedure 4DCA/2 Oct. 2, 2017
Williams v. Superior Court (People)
Deputy district attorney’s excusal of potential juror on hardship grounds during grand jury proceedings warrants dismissal of indictment. 		Criminal Law and Procedure 3DCA Oct. 2, 2017
People v. Mooring
Criminalist’s use of Indent-A-Drug Website to identify drugs found in defendants’ possession do not violate hearsay law or confrontation clause. 		Criminal Law and Procedure 1DCA/5 Sep. 29, 2017
People v. McCloud
Court’s instructional error omitting essential element prejudicial where evidence shows that jury verdict could have been different absent the error. 		Criminal Law and Procedure 4DCA/2 Sep. 29, 2017
People v. Lin
Holding in ‘People v. Sanchez’ regarding expert’s use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2017
Facebook Inc. v. Superior Court (Touchstone)
Subpoena seeking pretrial discovery of victim’s nonpublic Facebook communications should have been quashed where content is protected from disclosure under Stored Communications Act. 		Criminal Law and Procedure 4DCA/1 Sep. 28, 2017
U.S. v. Jayavarman
Defendant who believes filmed subject is minor may be convicted on child pornography importation statute, even where subject is adult 		Criminal Law and Procedure 9th Sep. 27, 2017
People v. Sawyers
Three Strikes Law sentence improper where information failed to give notice defendant was subject to Three Strikes sentence. 		Criminal Law and Procedure 2DCA/3 Sep. 27, 2017
People v. Martinez
Order imposing penalty assessments to fees reversed where crime-lab fee and drug program fee are not subject to penalty assessments. 		Criminal Law and Procedure 4DCA/3 Sep. 26, 2017
People v. Trujillo
Defendant unsuccessful in challenging electronic-search probation condition following convictions for attempted robbery and assault. 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Modification: People v. Brooks
Probation term that gave probation officer authority to direct probationer’s participation in any program constitutes improper delegation of judicial authority, but warrants only modification. 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Ramirez v. Superior Court
Probable cause hearing prerequisite to ‘retaking’ under Interstate Compact for Adult Offender Supervision where transferring state’s ‘retaking’ may result in ‘revocation of supervision.’ 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel’s alleged failure to challenge trial court’s repeated continuances of hearing on petition challenging determination. 		Criminal Law and Procedure 2DCA/6 Sep. 21, 2017
Browning v. Baker
Defendant convicted of 1985 robbery and murder succeeds in obtaining habeas relief due to evidentiary violations under ‘Brady.’ 		Criminal Law and Procedure 9th Sep. 21, 2017
In re Barber
Sheriff cannot place former probationer in custody based on ‘IRC Want’ after probation had already expired because there is no remaining sentence to serve. 		Criminal Law and Procedure 2DCA/3 Sep. 18, 2017
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