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Name Category Published
United States 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 Nov. 30, 2017
U.S. v. Johnson
Sentence vacated where lower court fails to classify California robbery conviction as crime of violence. 		Criminal Law and Procedure 9th Nov. 28, 2017
People v. Roth
Order vacating misdemeanor sentence and reinstating felony sentence affirmed where misdemeanor sentence was unauthorized and thereby justifiably increased. 		Criminal Law and Procedure 2DCA/4 Nov. 24, 2017
P. v. Gollardo
'Forgery of...narcotic prescription' ineligible for Proposition 47 sentence reduction where proposition makes no mention of offense and does not amend or add to offense. 		Criminal Law and Procedure 1DCA/3 Nov. 21, 2017
People v. Hicks
Drug dealer's convictions for trafficking teenage runaways for sex act stand although he allegedly stopped paying teen for sex and naked photos after learning true age. 		Criminal Law and Procedure 4DCA/3 Nov. 20, 2017
People v. Young
Constitutional right to representation at 'critical' stage of trial violated where defendant is not present and is represented by stand-in counsel when court removes juror without good cause. 		Criminal Law and Procedure 3DCA Nov. 20, 2017
People v. Solorio
Jury misconduct presents a rebuttable presumption of prejudice under 'Cissna.' 		Criminal Law and Procedure 4DCA/1 Nov. 17, 2017
People v. Kaufman
Theft by larceny affirmed where sufficient evidence shows that defendant took property by trespass, with intent to steal property, and carried property away. 		Criminal Law and Procedure 4DCA/1 Nov. 17, 2017
People v. Watts
Under 'Davis' a trial court must independently evaluate evidence when hearing a new trial motion. 		Criminal Law and Procedure 2DCA/1 Nov. 16, 2017
People v. Garcia
Invited overnight guest may be found to have committed forcible lewd acts against child under 14 in course of 'burglary' where defendant was unauthorized to commit acts and had no unconditional possessory right to enter home. 		Criminal Law and Procedure 1DCA/2 Nov. 16, 2017
People v. Zabala
Warrantless search of hidden compartment found behind manipulated dashboard lawful under automobile exception even though removal of dashboard exceeded scope of permissible inventory search. 		Criminal Law and Procedure 6DCA Nov. 15, 2017
P. v. Wall (Randall)
Confession not involuntary where interrogating officer's allegedly improper promises not 'causally linked' to defendant's confession, which began before promises. 		Criminal Law and Procedure CASC Nov. 14, 2017
People v. Lozano
Recent amendment to Penal Code Section 3051, which created youth offender parole hearing process, renders juvenile homicide offender's Eighth Amendment challenge to LWOP sentence moot. 		Criminal Law and Procedure 2DCA/5 Nov. 13, 2017
People v. Avignone
Trial court lacks authority to strike white collar enhancement and therefore lacked authority to impose prison sentence instead of jail time under Realignment Act. 		Criminal Law and Procedure 4DCA/1 Nov. 10, 2017
People v. Forest
Writ of coram nobis denied where petitioner presents statement expressing legal 'opinion' as new 'fact.' 		Criminal Law and Procedure 1DCA/1 Nov. 9, 2017
The People v. Valdivia
Probation condition allowing warrantless searches and seizures of domestic abuse defendant's electronic devices overbroad. 		Criminal Law and Procedure 3DCA Nov. 9, 2017
Brewer v. Superior Court for the County of Contra Costa
Evidence found during a traffic stop may be challenged under the Fourth Amendment as the fruit of an unlawful detention, even if the defendant lacks a reasonable expectation of privacy in a searched vehicle. 		Criminal Law and Procedure 1DCA/4 Nov. 8, 2017
People v. Garcia
Jury instruction allowing finding of domestic violence crimes by preponderance of evidence while also requiring proof beyond reasonable doubt to convict does not lower burden of proof for conviction. 		Criminal Law and Procedure 2DCA/5 Nov. 8, 2017
Hoffman v. Superior Court
Petition denied where information containing counts that allege single offense and that provides evidence of multiple acts constituting each offense does not warrant demurrer. 		Criminal Law and Procedure 4DCA/3 Nov. 8, 2017
Kernan v. Cuero
No U.S. Supreme Court decision clearly establishes that state court must impose lower sentence as parties originally expected, warranting reversal of Ninth Circuit's contrary decision. 		Criminal Law and Procedure USSC Nov. 7, 2017
Modification: People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Nov. 6, 2017
Amended Opinion: 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 Nov. 6, 2017
U.S. v. Hernandez-Quintania
Mexican citizen properly found guilty of being removed alien found in U.S. where 'A-file' contained no evidence he even applied for reentry following most recent deportation. 		Criminal Law and Procedure 9th Nov. 6, 2017
Modification: People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. 		Criminal Law and Procedure 6DCA Nov. 6, 2017
United States of America v. Christopher Michael Johnson
Under 'Fowler' a federal nexus must be shown in connection with an alleged offense under 18 U.S.C. Section 1512(b)(3). 		Criminal Law and Procedure 9th Nov. 3, 2017
People v. Lee
Penal Code Section 666.5 allegation does not prevent court from reducing 'wobbler' offenses to misdemeanors where Section 666.5 applies only to 'felony' convictions. 		Criminal Law and Procedure 5DCA Nov. 2, 2017
Modification: 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 Nov. 2, 2017
People v. Francis
Gang enhancement for serious felony modified where trial court applies enhancement plainly meant for non-serious felonies. 		Criminal Law and Procedure 2DCA/3 Nov. 1, 2017
Serrano v. Superior Court (Los Angeles County Sheriff's Dept.)
'Pitchess' motion erroneously denied where potential 'Brady' material in officer's file existed and issue of officer's credibility sufficient to trigger in camera review. 		Criminal Law and Procedure 2DCA/1 Oct. 31, 2017
U.S. v. Kelly
Parent drug's isomer properly scheduled where Schedule I findings about parent drug justify scheduling isomer. 		Criminal Law and Procedure 9th Oct. 31, 2017
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