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Modification: People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. 		Criminal Law and Procedure 1DCA/4 Jul. 31, 2023
Carpenter v. Superior Court (People)
Amendments to California's Reproductive Privacy Act did not immunize defendant from criminal prosecution for omissions and acts following home birth that resulted in baby's death. 		Criminal Law and Procedure 4DCA/1 Jul. 31, 2023
People v. Leal
Searching vehicle's trunk was unreasonable where it did not have independent probable cause even though it was preceded by a fruitless search of passenger compartment that was supported by probable cause. 		Criminal Law and Procedure 3DCA Jul. 27, 2023
Leeds v. Russell
Ineffective assistance of both trial counsel and post-conviction counsel entitled defendant to both excuse of procedural default and habeas relief. 		Criminal Law and Procedure 9th Jul. 27, 2023
People v. Lopez
Because first appellate remand was limited to resentencing, trial court did not have jurisdiction to reconsider gang enhancements despite appellant being entitled to ameliorative benefits of new legislative changes. 		Criminal Law and Procedure 4DCA/2 Jul. 26, 2023
Estrada v. Superior Court (People)
A Penal Code Section 1172.6 resentencing hearing was not a "new trial" that could lead to disqualification of an assigned judge under Penal Code Section 170.6(a)(2). 		Criminal Law and Procedure 2DCA/4 Jul. 25, 2023
People v. Pickett
Court did not err in denying felony murder resentencing petition that alleged no facts denying that defendant was actually the killer. 		Criminal Law and Procedure 2DCA/1 Jul. 25, 2023
People v. Session
Police officer's informal knowledge that defendant was on parole was sufficient to legally place a tracker on defendant's car. 		Criminal Law and Procedure 4DCA/3 Jul. 21, 2023
People v. Carney
The Court did not articulate a new theory of first degree murder proximate causation when it used the phrase "substantial concurrent cause" in *People v. Sanchez*. 		Criminal Law and Procedure CASC Jul. 21, 2023
People. v. Antonelli
Because provocative act murder requires a finding of malice, a defendant convicted of provocative act murder is ineligible for resentencing based on changes to the felony murder doctrine. 		Criminal Law and Procedure 2DCA/6 Jul. 20, 2023
People v. Sloan
Allowing testimony from expert retained by the district attorney during trial under the Sexually Violent Predators Act was error because only the defendant may retain testifying experts under the Act. 		Criminal Law and Procedure 3DCA Jul. 19, 2023
People v. Marquez
*People v. Arbuckle* does not require the same judge who accepted defendant's guilty plea and sentenced her to prison also determine amount of victim restitution to be awarded. 		Criminal Law and Procedure 4DCA/1 Jul. 19, 2023
P. v. Gyorgy
Police officer unreasonably prolonged a traffic stop by spending almost none of the 12-minute stop investigating the traffic infraction. 		Criminal Law and Procedure 4DCA/3 Jul. 18, 2023
Modification: People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements. 		Criminal Law and Procedure 5DCA Jul. 17, 2023
People v. Kimble
Trial court did not err in refusing to resentence appellant-defendant as a second strike offender under the Reform Act as part of his resentencing pursuant to Section 1172.75. 		Criminal Law and Procedure 3DCA Jul. 17, 2023
People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. 		Criminal Law and Procedure 1DCA/4 Jul. 14, 2023
People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Jul. 12, 2023
People v. Arnold
Trial court's conclusion that defendant stabbed the victim improperly contradicted jury's prior finding regarding knife-related sentencing enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 12, 2023
People v. Madrigal
Court's failure to instruct on amended felony murder rule was not harmless because a juror could have reasonable doubts that defendant was a major participant in the murder. 		Criminal Law and Procedure 6DCA Jul. 10, 2023
People v. Gaines
Stepping out of a vehicle and discharging a firearm falls under discharging a firearm from a vehicle. 		Criminal Law and Procedure 5DCA Jul. 7, 2023
U.S. v. Roper
District courts' discretion in resentencing cases includes the ability to consider decisional changes in the law to determine whether extraordinary and compelling reasons for granting relief exist. 		Criminal Law and Procedure 9th Jul. 7, 2023
People v. Jackson
Assembly Bill No. 1950 applied retroactively to reduce probation term and prevented alleged violations occurring more than two years after term began from serving as basis for revoking probation. 		Criminal Law and Procedure 1DCA/4 Jul. 7, 2023
People v. Newell
Senate Bill No. 483 resentencing pursuant to Penal Code Section 1172.74(b) must be initiated by the Department of Corrections and Rehabilitation, not the prisoner. 		Criminal Law and Procedure 2DCA/6 Jul. 7, 2023
People v. Hernandez
Defendant's motion to withdraw a plea should have been brought in the county where he was prosecuted and sentenced, not where he lived during probation. 		Criminal Law and Procedure 2DCA/8 Jul. 6, 2023
Price v. Superior Court (People)
Where first stage of Google's production protocol for executing geofence warrant narrowly identified time and location, that the succeeding stages allowed officer more discretion was immaterial for Fourth Amendment analysis. 		Criminal Law and Procedure 4DCA/2 Jul. 6, 2023
People v. Hilburn
Trial court appropriately imposed middle term in sentencing, despite mitigating circumstances. 		Criminal Law and Procedure 4DCA/1 Jul. 6, 2023
People v. Campbell
Intent to kill finding does not preclude relief as a matter of law for defendants seeking resentencing based on felony murder amendments. 		Criminal Law and Procedure 1DCA/2 Jul. 5, 2023
Amended Opinion: U.S. v. Orozco-Barron
Amended_opinion 		Criminal Law and Procedure 9th Jul. 5, 2023
People v. Curiel
Vacatur of noncitizen's convictions pursuant to no contest plea was appropriate where she demonstrated she did not meaningfully understand the consequences of her plea due to incomplete legal counsel. 		Criminal Law and Procedure 2DCA/8 Jul. 3, 2023
People v. Fletcher
Assembly Bill 333 does not require reversing serious felony and strike priors based on violations involving criminal street gangs. 		Criminal Law and Procedure 4DCA/2 Jul. 3, 2023
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