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Name Category Published
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
Amended Opinion: Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant's constitutional rights under 'Estelle v. Smith.' 		Criminal Law and Procedure 9th Aug. 28, 2017
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 Aug. 28, 2017
U.S. v. Robinson
Error in concluding that defendant’s conviction for Washington crime of second-degree assault is ‘crime of violence’ results in vacated sentence and remand. 		Criminal Law and Procedure 9th Aug. 28, 2017
U.S. v. Walter-Eze
Defendant must show prejudice under ‘Strickland v. Washington’ even if an actual conflict of interest exists, where ‘Cuyler v. Sullivan’s’ prejudice standard is in applicable. 		Criminal Law and Procedure 9th Aug. 28, 2017
People v. Romero
Failure to remove juror, who had substantial relationship with sexual assault victim amounting to ‘actual bias,’ constitutes constitutional error that warrants reversal of convictions. 		Criminal Law and Procedure 2DCA/1 Aug. 25, 2017
People v. Ledesma
Rapist fails to overturn One Strike Law sentence enhancement on vagueness grounds by likening California’s asportation requirement with federal statute found impermissibly vague. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2017
Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure’s stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure CASC Aug. 25, 2017
Modification: PGA West Residential Association Inc. v. Hulven International Inc.
Demurrer improperly overruled, where allegedly fraudulent acts are governed by Uniform Fraudulent Transfer Act’s seven year statute of repose. 		Criminal Law and Procedure 4DCA/2 Aug. 24, 2017
People v. Halim
Defendants convicted of federal crimes related to their involvement in human trafficking unsuccessful in arguing that Double Jeopardy Clause bars subsequent state prosecution. 		Criminal Law and Procedure 2DCA/4 Aug. 23, 2017
U.S. V. Brito
Time served in state custody is part of defendant’s ‘term of imprisonment’ where defendant motions for sentence reduction. 		Criminal Law and Procedure 9th Aug. 23, 2017
Order and Amended Opinion: U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. 		Criminal Law and Procedure 9th Aug. 22, 2017
Clayton v. Biter
Defendant’s habeas petition challenging denial of state court’s resentencing petition is not subject to ‘second or successive petition’ bar under 28 U.S.C. Section 2244(b). 		Criminal Law and Procedure 9th Aug. 22, 2017
U.S. V. Jesus Castillo-Mendez
In an attempted illegal reentry case, a supplemental jury instruction that incorrectly relies on ‘found in’ illegal re-entry cases instead of attempted illegal re-entry cases is confusing and erroneous. 		Criminal Law and Procedure 9th Aug. 22, 2017
People v. Button
Trial court need not issue ‘Boykin-Tahl’ admonition prior to accepting stipulation supporting serious felony allegations where stipulation carried no immediate penal consequences for defendant. 		Criminal Law and Procedure 4DCA/1 Aug. 21, 2017
People v. Pennington
Failure of People to prove battery victim was in fact a peace officer results in reversal of defendant’s conviction for battery on a peace officer. 		Criminal Law and Procedure CASC Aug. 18, 2017
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