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Name Category Published
Needham v. Superior Court (People)
In precommitment proceedings determining defendant's sexually violent predator status, although the People's retained expert may testify, the expert may not compel defendant to pretrial interview or testing. 		Criminal Law and Procedure CASC Jul. 2, 2024
People v. Boyd
Trial court lacked jurisdiction to correct misstated credits as an unauthorized sentence when case was final; proper remedy was for appellate court to modify sentence to reflect correction. 		Criminal Law and Procedure 4DCA/2 Jul. 1, 2024
Fischer v. U.S.
Sarbanes-Oxley official record tampering liability (in this case pertaining to a January 6 rioter) requires an attempt to impair the use of a record, document, or object for the official proceeding. 		Criminal Law and Procedure USSC Jul. 1, 2024
U.S. v. Hernandez
Determining whether criminal defendant should be allowed to withdraw a guilty plea in good faith required determining whether he could have known or anticipated his new material reason for withdrawal. 		Criminal Law and Procedure 9th Jul. 1, 2024
Garding v. Montana Dept. of Corrections
State supreme court was not unreasonable to conclude defense counsel's failure to secure an expert was a strategic decision and insufficient to support a finding of ineffective assistance of counsel. 		Criminal Law and Procedure 9th Jul. 1, 2024
People v. Gonzalez
Presumption that terminally ill prisoner's sentence should be recalled could be overcome only by showing that he posed an unreasonable risk of danger to public safety in his current condition. 		Criminal Law and Procedure 3DCA Jul. 1, 2024
U.S. v. Terabelian
Policy rationales underlying the fugitive-disentitlement doctrine weighed in favor of dismissing an appeal filed on behalf of a fugitive defendant following her conviction for bank and wire fraud. 		Criminal Law and Procedure 9th Jun. 28, 2024
U.S. v. Sandeen
Expiration of grand jury was not a jurisdictional defect, so defendant-appellant's waiver of right to challenge conviction on any grounds effectively included the right to challenge expired grand jury's indictment. 		Criminal Law and Procedure 9th Jun. 28, 2024
U.S. v. Stackhouse
Application of the federal kidnapping statute to an intrastate kidnapping was constitutional where a defendant used a cellphone in furtherance of the offense. 		Criminal Law and Procedure 9th Jun. 28, 2024
In re Harris
When denying bail pursuant to the California Constitution's Article I, Section 12(b), trial courts are not limited to considering only evidence that would be admissible at a criminal trial. 		Criminal Law and Procedure CASC Jun. 28, 2024
People v. Gonzalez
When contemplating the dismissal of a sentencing enhancement, the court needed to assess the danger to public safety inherent in any such dismissal based on the time of release. 		Criminal Law and Procedure 4DCA/1 Jun. 28, 2024
Snyder v. U.S.
18 U.S.C. Section 666 proscribes bribes to state and local officials but does not make it a crime for those officials to accept gratuities for their past acts. 		Criminal Law and Procedure USSC Jun. 27, 2024
Grimes v. Phillips
Testimony obtained by a jailhouse informant posing as inmate was not necessarily precluded by the Fifth Amendment, even if the suspect had invoked his right to counsel. 		Criminal Law and Procedure 9th Jun. 27, 2024
People v. Superior Court (Williams)
Applying the revised penalty provisions of the Three Strikes Reform Act to reduce a defendant's indeterminate life term to a determinate term when the defendant is being resentenced due to an invalid prior prison term enhancement unconstitutionally amends voter-approved provisions. 		Criminal Law and Procedure 6DCA Jun. 26, 2024
People v. Ackerman
Trial court did not err in validating defendant's Penal Code Section 12022.7 additional three year-term for great bodily injury enhancement for attempted manslaughter. 		Criminal Law and Procedure 4DCA/1 Jun. 25, 2024
Erlinger v. U.S.
The Fifth and Sixth Amendments require a unanimous jury to make the determination beyond a reasonable doubt that a defendant's past offenses were committed on separate occasions for Armed Career Criminal Act purposes. 		Constitutional Law, Criminal Law and Procedure USSC Jun. 24, 2024
People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense. 		Criminal Law and Procedure 4DCA/1 Jun. 24, 2024
People v. Morales
Petitioner was not entitled to resentencing where trial record showed jury necessarily found he was the actual shooter in attempted murder occurring during armored truck robbery. 		Criminal Law and Procedure 1DCA/2 Jun. 24, 2024
Diaz v. United States
Expert testimony about most drug couriers' mental states generally was not an opinion on the defendant's specific mental state when she was caught transporting drugs, so it was admissible. 		Evidence, Criminal Law and Procedure USSC Jun. 21, 2024
Modification: In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court. 		Criminal Law and Procedure, Juveniles 2DCA/6 Jun. 19, 2024
People v. Nadey
Defendant failed to demonstrate peremptory challenges were based on purposeful racial discrimination where prosecutor offered plausible race-neutral explanations that were supported by the record. 		Criminal Law and Procedure CASC Jun. 18, 2024
U.S. v. Howald
Proof that a firearm used in a hate crime had at some point traveled in interstate commerce satisfied the required nexus for federal jurisdiction. 		Criminal Law and Procedure 9th Jun. 14, 2024
Lee v. Thornell
Habeas petitioner could not overcome the procedural defect of failing to raise ineffective assistance claims at his state court post-conviction proceedings. 		Criminal Law and Procedure 9th Jun. 12, 2024
People v. Graham
Trial transcripts were relevant evidence the trial court could consider when deciding whether convicted criminal defendant was retroactively eligible for pretrial mental health diversion. 		Criminal Law and Procedure 3DCA Jun. 11, 2024
People v. Fish
Lack of unanimity instruction regarding lesser included offense was harmless where jury resolved basic credibility dispute against defendant and would have convicted him of any offense shown by the evidence. 		Criminal Law and Procedure 1DCA/4 Jun. 7, 2024
People v. Gefrerer
A perpetrator's calm demeanor and a bank's policy to acquiesce to demands for money under criminal threat did not negate the satisfaction of the "fear" element necessary for a robbery conviction. 		Criminal Law and Procedure 4DCA/1 Jun. 7, 2024
People v. Mayberry
Ameliorative sentencing statute applied to prior prison term enhancements that were imposed but stayed during original sentencing. 		Criminal Law and Procedure 5DCA Jun. 6, 2024
People v. Rounds
Trial court should have considered post-release conduct rather than the nature and circumstances of the underlying conviction when evaluating a petition for a certificate of rehabilitation. 		Criminal Law and Procedure 4DCA/3 Jun. 6, 2024
U.S. v. Farias-Contreras
Prosecutor breached the agreement in a plea to not recommend a sentence in excess of the low-end guideline range by surrounding that recommendation with inflammatory rhetoric. 		Criminal Law and Procedure 9th Jun. 4, 2024
People v. Burgos
Penal Code Section 1109, allowing for bifurcation of certain gang-related trials, may not be applied retroactively. 		Criminal Law and Procedure CASC Jun. 4, 2024
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