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U.S. v. Martinez
Sentence enhancement erroneously imposed under Section 2L1.2(b)(2)(B) of Sentencing Guidelines where felony sentence of more than two years occurred after defendant’s first deportation. 		Criminal Law and Procedure 9th Sep. 18, 2017
Cain v. Chappell
Habeas relief properly denied where petitioner received constitutionally adequate notice of attempted rape special circumstances in amended information. 		Criminal Law and Procedure 9th Sep. 14, 2017
U.S. v. Spatig
Refusal to allow evidence of defendant’s diminished capacity does not warrant reversal where violation of Resource Conservation and Recovery Act is general intent crime. 		Criminal Law and Procedure 9th Sep. 14, 2017
People v. Leonard
Conviction for reckless driving while evading peace officer does not require evidence that defendant was personally assessed traffic violation points. 		Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
Atwood v. Ryan
Defendant’s petition for habeas corpus properly denied, where claims regarding application of aggravating factor at sentencing are unavailing. 		Criminal Law and Procedure 9th Sep. 14, 2017
People v. Sandee
Where probation condition allows for warrantless search of property and personal effects, ‘U.S. v. Riley’ does not preclude law enforcement from searching probationer’s cell phone, even without reasonable cause. 		Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
People v. Hunter
Defendant is not entitled to codefendant’s discovery where defendant’s right to a fair trial does not ‘require such discovery.’ 		Criminal Law and Procedure 4DCA/3 Sep. 13, 2017
U.S. v. Doe
Sealing criminal documents does not violate First Amendment right to public access where defendant’s compelling interests may be harmed absent closure and no adequate alternative to closure exists. 		Criminal Law and Procedure 9th Sep. 13, 2017
U.S. v. McChesney
Ex-girlfriend’s alleged tirade in jury’s presence does not warrant reversal of defendant’s conviction where defendant failed to present credible evidence of improper jury contact. 		Criminal Law and Procedure 9th Sep. 12, 2017
People v. Lujano
Refusal to issue requested jury instruction harmless where requested instructions regarding intoxicated victim’s ability to give consent were duplicative of other instructions properly given. 		Criminal Law and Procedure 2DCA/7 Sep. 12, 2017
People v. Wallace
Invalid inventory search of defendant’s vehicle and failure to prove inevitable discovery of weapon warrants vacated judgment and withdrawal of no contest plea. 		Criminal Law and Procedure 1DCA/2 Sep. 11, 2017
U.S. v. Barragan
Prosecutor’s improper statements during closing argument do not warrant reversal of Mexican Mafia associates’ convictions for RICO violations given overwhelming evidence against them. 		Criminal Law and Procedure 9th Sep. 11, 2017
Smith v. Williams
Petitioner’s federal habeas petition challenging Second Amended Judgment reinstating previously vacated convictions and sentences improperly dismissed as untimely. 		Criminal Law and Procedure 9th Sep. 11, 2017
People v. Williams
Discovery of several dogs, which ultimately led to property owners' dog fighting and animal cruelty convictions, falls under exigent circumstances exception to warrant requirement. 		Criminal Law and Procedure 2DCA/8 Sep. 11, 2017
U.S. Faagai
Drug trafficker fails to overturn drug conviction where court found probable cause supported warrantless search of his truck under totality of circumstances. 		Criminal Law and Procedure 9th Sep. 8, 2017
U.S. v. D.M.
Drug offender entitled to further reduction of sentence for ‘substantial assistance’ following Sentencing Commission’s promulgations of Amendments where reduction not contrary to policy. 		Criminal Law and Procedure 9th Sep. 8, 2017
U.S. v. Torres
Jury instructions for determining drug quantities for purposes of imposing mandatory sentence do not constitute reversible error even though inconsistency in caselaw begs clarity. 		Criminal Law and Procedure 9th Sep. 7, 2017
People v. Harris
Proposition 47 petitioner’s motion for DNA expungement properly denied where petitioner’s past felony offense disqualifies petitioner from obtaining expungement. 		Criminal Law and Procedure 4DCA/1 Sep. 7, 2017
U.S. v. Guerrero
Jury instruction based on facilitation theory is erroneous where forfeiture based on intent requires proof of act to ‘effectuate that intent.’ 		Criminal Law and Procedure 9th Sep. 6, 2017
People v. Washington
‘Crawford v. U.S.’ narrowed ‘Aranda/Bruton’ doctrine concerning admission of codefendant’s unredacted confession at joint trial; gangster’s murder conviction therefore not warranted. 		Criminal Law and Procedure 2DCA/2 Sep. 6, 2017
People v. Iraheta
Improper admission of gang expert testimony and evidence related to ‘field identification’ cards is prejudicial error warranting reversal of convictions. 		Criminal Law and Procedure 2DCA/3 Sep. 5, 2017
Ybarra v. Filson
Petitioner claiming ‘intellectual disability’ obtains partial relief in action seeking to reopen habeas proceedings challenging his death sentence based on ‘Atkins v. Virginia.’ 		Criminal Law and Procedure 9th Sep. 5, 2017
People v. Seals
Jury properly considered sales tax in determining fair market value of stolen cellphone and concluding value exceeded jurisdictional threshold to support commercial burglary conviction. 		Criminal Law and Procedure 2DCA/8 Sep. 1, 2017
People v. Daniels
In highly divisive issue, judgment of death overturned due to invalid waiver of right to jury trial; judgment otherwise affirmed in all other respects. 		Criminal Law and Procedure CASC Sep. 1, 2017
U.S. v. Ocampo-Estrada
Twenty-year mandatory minimum sentence improperly imposed where predicate drug offence under California law does not meet controlled-substance element to support sentence enhancement. 		Criminal Law and Procedure 9th Aug. 30, 2017
U.S. v. Geozos
‘Successive’ habeas motion erroneously denied where claim is based on new constitutional rule announced in ‘Johnson II’ involving Armed Career Criminal Act’s residual clause. 		Criminal Law and Procedure 9th Aug. 30, 2017
People v. Vasquez
Prejudicial error in allowing People to display timeline of alleged abuse to jury and allowing testimony about statements on timeline results in reversal of child molestation convictions. 		Criminal Law and Procedure 4DCA/1 Aug. 30, 2017
People v. Drew
Jury’s first degree murder verdict is supported by sufficient evidence where defendant’s omission establishes proximate cause and meets felony murder causation requirement. 		Criminal Law and Procedure 4DCA/3 Aug. 30, 2017
In re Miller
Insufficient evidence that defendant acted with ‘reckless indifference to human life’ warrants vacating robbery-murder special circumstance finding. 		Criminal Law and Procedure 2DCA/5 Aug. 29, 2017
U.S. v. Mercado-Moreno
Defendant unsuccessful in challenging denial of motion for sentence reduction despite amendment raising quantity of methamphetamine required to trigger maximum base offense level. 		Criminal Law and Procedure 9th Aug. 29, 2017
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