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Name Category Published
Amended Opinion: U.S. v. Molinar
Attempted armed robbery is a 'crime of violence' under the U.S. Sentencing Guidelines Manual's enumerated felonies clause. 		Criminal Law and Procedure 9th Feb. 6, 2018
In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2018
U.S. v. Watson
Bank robbery using force and violence, or by intimidation, is crime of violence under 18 U.S.C. Section 924(c). 		Criminal Law and Procedure 9th Feb. 2, 2018
U.S. v. Walton
Second-degree robbery under CPC 211 does not qualify as a violent felony under the force clause of the Armed Career Criminal Act. 		Criminal Law and Procedure 9th Feb. 2, 2018
People v. Taylor
Conviction affirmed where convicting statute does not contain mandatory presumption but instead defines the elements of the convicting statute 		Criminal Law and Procedure 2DCA/4 Feb. 1, 2018
Modification: People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final. 		Criminal Law and Procedure 3DCA Jan. 31, 2018
People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final. 		Criminal Law and Procedure 3DCA Jan. 29, 2018
In re Humphrey
Court must consider financial circumstances of defendant, and potentially effective alternatives to money bail, before setting bail amount. 		Criminal Law and Procedure 1DCA/2 Jan. 29, 2018
People v. Williams
In considering whether a resentencing petition under Section 1170.126 poses an unreasonable risk of danger, the court must look to when the petitioner would be released if the petition were granted. 		Criminal Law and Procedure 3DCA Jan. 29, 2018
People v. Martinez
Gang enhancement reversed where no evidence supports expert opinion that defendant was associate of gang in absence of inadmissible testimonial and non-testimonial hearsay. 		Criminal Law and Procedure 4DCA/2 Jan. 25, 2018
District of Columbia v. Wesby
Probable cause to arrest for unlawful entry exists where, under the totality of the circumstances, a reasonable officer would conclude a suspect knew they were on the premises without permission. 		Criminal Law and Procedure USSC Jan. 23, 2018
People v. Huynh
Expert testimony regarding conduct of particular conduct is not subject to exclusion on hearsay grounds where such testimony is permissible background testimony. 		Criminal Law and Procedure 6DCA Jan. 23, 2018
U.S. v. Espinoza
Retrial necessary where court excluded evidence inculpating third-party based on incorrect standard. 		Criminal Law and Procedure 9th Jan. 23, 2018
People v. Robbins
Court does not err in failing to instruct jury on heat of passion voluntary manslaughter where ordinary, sober person of average disposition would not have acted rashly in response to actions of victim. 		Criminal Law and Procedure 4DCA/2 Jan. 22, 2018
People v. Arevalo
Imposing a probation condition which limits certain constitutional rights is proper if reasonably necessary to both rehabilitate the probationer, and protect public safety. 		Criminal Law and Procedure 4DCA/3 Jan. 19, 2018
People v. Mullins
Permitted access of customer to her account while using card at a bank ATM constitutes constructive possession of funds for purposes of the robbery statute. 		Criminal Law and Procedure 3DCA Jan. 18, 2018
People v. Ovieda
Community caretaker exception to warrant requirement applies where officer entered home of reportedly suicidal man to ensure safety of persons inside. 		Criminal Law and Procedure 2DCA/6 Jan. 18, 2018
People v. Saldana
Court errs in admitting confession into evidence where it was obtained after defendant was taken into custody and questioned without receiving Miranda warning. 		Criminal Law and Procedure 4DCA/1 Jan. 17, 2018
U.S. v. Brown
Judgment vacated and remanded where court errs in determining that state conspiracy statute categorically matches federal statute. 		Criminal Law and Procedure 9th Jan. 17, 2018
People v. Zabala
Where statutory amendment eliminates basis for sentencing enhancement, enhancement vacated. 		Criminal Law and Procedure 6DCA Jan. 16, 2018
People v. Almeda
Trial court that admits informant testimony about confessions of defendant does not err where informant did not act under government direction pursuant to preexisting agreement. 		Criminal Law and Procedure 3DCA Jan. 16, 2018
Amended Opinion: Poyson v. Ryan
Arizona courts do not fail to consider defendant's history of substance abuse as factor in mitigating death sentence for commission of multiple murders. 		Criminal Law and Procedure 9th Jan. 16, 2018
Amended Opinion: U.S. v. Wells
Expert testimony providing profile of person likely to commit crime charged, so as to compare profile to defendant's character, is inherently prejudicial, requires reversal of murder conviction. 		Criminal Law and Procedure 9th Jan. 12, 2018
U.S. v. Depue
Court does not abuse its discretion where court dismisses juror during deliberations based on his material problem that was unrelated to the his views on case merits. 		Criminal Law and Procedure 9th Jan. 12, 2018
U.S. v. Hulen
Revocation of supervised release based on probationer admissions affirmed where revocation proceeding is not criminal case for purposes of Fifth Amendment right against self-incrimination. 		Criminal Law and Procedure 9th Jan. 11, 2018
People v. Holzmann
Probation condition requiring defendant to stay away from location not unconstitutionally vague where requirement is simple and stated in plain language. 		Criminal Law and Procedure 6DCA Jan. 9, 2018
People v. Tua
On issue of first impression, enhancement that attaches to determinate sentence that is either stayed or runs concurrently with indeterminate term must, under those circumstances, be stayed or run concurrently. 		Criminal Law and Procedure 4DCA/1 Jan. 8, 2018
People v. Financial Casualty & Surety, Inc.
Penal Code section 977 entitles a misdemeanor defendant to have counsel appear at a probation violation hearing on their behalf until lawfully required to personally appear. 		Criminal Law and Procedure 4DCA/3 Jan. 8, 2018
Conservatorship of Lee C.
Order compelling conservatorship investigator to petition for Murphy conservatorship and disqualifying counsel for resisting order vacated and remanded where court is unauthorized to make such order. 		Criminal Law and Procedure 3DCA Jan. 3, 2018
Davis v. Superior Court
Original waiver of preliminary hearing time limit does not preclude defendant from asserting right for preliminary hearing within 10 court days after charges are reinstated after competency hearings. 		Criminal Law and Procedure 1DCA/2 Jan. 3, 2018
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