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Name Category Published
People v. Batten
Statute that treated inmates serving life sentences for murder differently depending on whether they were paroled before or after July 2020 did not violate equal protection. 		Criminal Law and Procedure, Constitutional Law 1DCA/4 Mar. 19, 2025
People v. Tafoya
Where defendant's Facebook posts were part of conduct constituting a credible threat, posts were not protected speech. 		Criminal Law and Procedure 4DCA/2 Mar. 19, 2025
U.S. v. Enriquez
Anti-Kickback Statute's bona fide employee exception was an affirmative defense and did not need to be negated by the prosecution in the indictment. 		Criminal Law and Procedure 9th Mar. 19, 2025
People v. Tang
A stricken enhancement is not an "imposed" enhancement within the meaning of Penal Code Section 1172.75(a) and cannot be used to qualify for invalid prison prior enhancement resentencing. 		Criminal Law and Procedure 4DCA/1 Mar. 19, 2025
People v. Hyatt
A defendant need not be incarcerated in state prison to meet right to speedy trial request requirements and may make the request while in county jail awaiting state prison term. 		Criminal Law and Procedure 4DCA/3 Mar. 18, 2025
U.S. v. Rodriguez-Arvizu
Agents' failure to inform arrestee of his charges did not cause him to make incriminating statements, and therefore that violation did not require suppression of those statements. 		Criminal Law and Procedure 9th Mar. 18, 2025
U.S. v. Thompson
District court's reduced sentence for defendant, who committed the second largest data breach in the U.S. at the time, was clear error. 		Criminal Law and Procedure 9th Mar. 18, 2025
People v. Gray
Breaking locks to access utility bins and compartments on exterior of utility trucks was sufficient to support a conviction for second-degree burglary of a vehicle. 		Criminal Law and Procedure 3DCA Mar. 14, 2025
U.S. v. Sullivan
Defendant was not entitled to a jury instruction requiring a nexus between his conduct and a Federal Trade Commission investigation for a Section 1505 obstruction conviction. 		Criminal Law and Procedure 9th Mar. 14, 2025
People v. Faustinos
Disagreeing with appellate opinion from one month prior, a trial court's order declining to act on Penal Code Section 1172.1 petition is not appealable because it does not affect a defendant's substantial rights. 		Criminal Law and Procedure 4DCA/2 Mar. 17, 2025
People v. Serna
Because mens rea for Penal Code Section 148(a)(1), resisting an officer, does not require actual knowledge, defense counsel's failure to admit defendant's health records was not ineffective assistance. 		Criminal Law and Procedure 4DCA/2 Mar. 12, 2025
U.S. v. Walthall
Defendant's conviction for solicitation to murder judge and others involved in his case only required evidence corroborating his intent for someone to commit the crime. 		Criminal Law and Procedure 9th Mar. 12, 2025
Martinez Santoyo v. Boyden
Sixth Amendment speedy trial right was not incorporated into international extradition treaty and did not apply to proceedings thereunder. 		International Law, Criminal Law and Procedure 9th Mar. 12, 2025
People v. Olmos
Defendant's 33-years-to-life sentence failed to meet Penal Code Section 1170(d)(1)(A)'s functional equivalent sentencing requirement of life without the possibility of parole. 		Criminal Law and Procedure 2DCA/5 Mar. 11, 2025
People v. Terwilligar
Three Strikes Reform Act did not apply in Section 1172.75 resentencing to reduce indeterminate life term, despite the third strike not being a serious or violent felony. 		Criminal Law and Procedure 1DCA/5 Mar. 11, 2025
People v. Copeland
Under Penal Code Section 136.1(a)(2), which criminalizes dissuading a witness, the statutory definition of "witness" did not encompass potential future witnesses to civil disputes. 		Criminal Law and Procedure 4DCA/1 Mar. 10, 2025
U.S. v. Steinman
Thirty-minute-long traffic stop was not unreasonably prolonged where officer questioned defendant while writing the citation and waiting for the criminal history check. 		Criminal Law and Procedure, Evidence 9th Mar. 6, 2025
U.S. v. Bowers
Defendant could not invoke the jury provision in Article III of the Constitution during a supervised release revocation hearing. 		Criminal Law and Procedure, Constitutional Law 9th Mar. 5, 2025
Jackson v. Superior Court (People)
Statistical and other evidence was sufficient to entitle defendant to evidentiary hearing on whether there was a violation of the Racial Justice Act due to officers' implicit bias. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2025
People v. Hill
Defendant was not eligible for resentencing under Penal Code Section 1172.6 where the jury was not instructed on the natural and probable consequences doctrine. 		Criminal Law and Procedure 1DCA/2 Mar. 4, 2025
People v. Patton
Trial court did not engage in improper factfinding by determining that defendant's conclusory legal allegations that conflicted with the record were insufficient to establish a prima facie case for resentencing relief. 		Criminal Law and Procedure CASC Mar. 4, 2025
People v. Planchard
Defendant's harassing and threatening messages constituted stalking even though they were publicly posted on Facebook, rather than directly sent to the victim. 		Criminal Law and Procedure 3DCA Mar. 3, 2025
People v. Wilson
Because prosecutorial directive was not a recommendation to, or stipulation for, defendant's resentencing, trial court did not have jurisdiction and therefore appropriately dismissed the case. 		Criminal Law and Procedure 1DCA/3 Mar. 3, 2025
Glossip v. Oklahoma
Where the prosecution violated its constitutional obligation to correct false testimony under *Napue v. Illinois*, death row defendant was entitled to a new trial. 		Criminal Law and Procedure, Constitutional Law USSC Feb. 26, 2025
U.S. v. Holmes
Restitution for property lost as a result of company's fraud was the monetary value invested where there was no reasonable opportunity to sell shares after the fraud came to light. 		Criminal Law and Procedure 9th Feb. 25, 2025
U.S. v. Powers
Defendant, who set destructive forest fires to signal for help while lost on a hike, could not assert necessity defense because his actions were objectively unreasonable. 		Criminal Law and Procedure 9th Feb. 18, 2025
In re: Tuilaepa
Pending death penalty habeas petition based on intellectual disability was not procedurally barred by passage of Proposition 66 where petitioner made prima facie showing of intellectual disability. 		Criminal Law and Procedure 2DCA/7 Feb. 25, 2025
R.D. v. Superior Court (People)
Although a criminal defendant may seek dismissal of charges under any other relevant legal authority, the Racial Justice Act does not specifically authorize dismissal as a remedy. 		Criminal Law and Procedure, Juveniles 3DCA Feb. 21, 2025
People v. Sarmiento-Zuniga
Trial court did not err in imposing middle-term sentence on defendant because it stated on the record its underlying reasoning, and no additional records were required. 		Criminal Law and Procedure 1DCA/5 Feb. 21, 2025
U.S. v. Kurns
For sentencing purposes, video and expert testimonial evidence proved defendant's possession of a semiautomatic firearm capable of accepting a large capacity magazine by a preponderance of the evidence. 		Criminal Law and Procedure 9th Feb. 21, 2025
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