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Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 1, 2023
U.S. v. Castillo
District court improperly relied on the commentary of an unambiguous sentencing guideline and thus increased defendant's sentencing range by erroneously classifying his conspiracy conviction as a "controlled substance offense." 		Criminal Law and Procedure 9th Jun. 1, 2023
Dickey v. Davis
Federal habeas petitioner granted relief from death penalty because prosecutor's conduct in deliberately eliciting and then failing to correct key witness' false testimony was a *Napue* violation. 		Criminal Law and Procedure 9th Jun. 1, 2023
Nationwide Insurance Company of America v. Tipton
Insurance fraudsters' criminal restitution orders were properly converted into civil judgments by trial court pursuant to Penal Code Section 1214(b). 		Criminal Law and Procedure 3DCA May 31, 2023
U.S. v. Walker
Speedy trial right not violated by lengthy delays due to COVID-19 pandemic where the district court found holding trial safely was exceedingly difficult and delay served the ends of justice. 		Criminal Law and Procedure 9th May 31, 2023
U.S. v. Boam
District court did not err in determining that a reasonable jury could find that defendant's videos of his minor stepdaughter met the requirement of "sexually explicit conduct." 		Criminal Law and Procedure 9th May 31, 2023
In re Van Houten
Board of Parole's decision granting parole was reinstated where governor's reasoning for reversal of the decision was not supported by any evidence in the record. 		Criminal Law and Procedure 2DCA/1 May 31, 2023
McKneely v. Superior Court (People)
Penal Code statute requiring report from a health profession to overturn a certification of mental competence to stand trial did not impair the court's core functions. 		Criminal Law and Procedure 1DCA/2 May 30, 2023
People v. Scott
Because defendant's prior conviction was a "strike" on the date of the conviction, subsequent legislative amendments to the definition of gang activity did not alter its "strike" status. 		Criminal Law and Procedure 4DCA/2 May 26, 2023
People v. Cooper
Jury instruction that did not include new requirements for proving "a pattern of gang activity" was not a harmless error because the instruction given directly contradicted the new requirements. 		Criminal Law and Procedure CASC May 26, 2023
People v. Catarino
Because Penal Code Section 667.6(d) falls within the rationale of *Oregon v. Ice*, trial court's imposition of separate, consecutive sentences did not violate Sixth Amendment. 		Criminal Law and Procedure CASC May 26, 2023
Kelsey v. Garrett
Criminal defendant was entitled to relief for ineffective assistance of counsel where his attorney waived closing argument at trial based on unreasonable and unsupported strategic assessment. 		Criminal Law and Procedure 9th May 25, 2023
Waidla v. Davis
Writ of habeas corpus awarded by district court affirmed because California Supreme Court unreasonably applied *Strickland v. Washington* with ineffective assistance of counsel claim. 		Criminal Law and Procedure 9th May 24, 2023
Melville v. Shinn
One-year statute of limitations for petitioner's federal habeas relief began to run after his extension to file a state motion for reconsideration expired because the state avenue for relief had closed. 		Criminal Law and Procedure 9th May 24, 2023
People v. Govan
Penal Code Section 667.61 did not negate the court's newly acquired discretion to stay a sentence for a one-strike offender because it only prohibited placing an one-strike offender on probation. 		Criminal Law and Procedure 2DCA/7 May 23, 2023
People v. Jaime
Failure to apply new statutory framework for analyzing the constitutional validity of preemptory challenges to prospective jurors where a prospective juror was challenged for presumptively invalid reasons was prejudicial error. 		Criminal Law and Procedure 3DCA May 22, 2023
People v. Middleton
Specific intent about a minor's age is not a necessary element of attempted human trafficking of a minor. 		Criminal Law and Procedure 2DCA/7 May 19, 2023
People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed. 		Criminal Law and Procedure 4DCA/3 May 18, 2023
People v. Alexander
Convicted felon's challenge to constitutionality of statutes prohibiting the possession of firearms and ammunition by felons failed because the Second Amendment did not apply to the rights of non-law-abiding citizens. 		Criminal Law and Procedure 4DCA/2 May 15, 2023
Ciminelli v. U.S.
Because the right to valuable economic information needed to make discretionary economic decisions is not a traditional property interest, the right-to-control theory cannot form the basis for a conviction under federal wire fraud statutes. 		Criminal Law and Procedure USSC May 12, 2023
People v. Hiller
Because defendant's prior Washington robbery conviction lacked element required for California robbery conviction, trial court erred in counting priors to apply Three Strikes law and enhancements. 		Criminal Law and Procedure 1DCA/3 May 11, 2023
People v. Sherman
Legislative changes to Penal Code Section 1170.91 denied resentencing to registered sex-offender defendant because the changes categorically disqualified his pending action. 		Criminal Law and Procedure 4DCA/1 May 10, 2023
People v. Montanez
Petitioner who actively participated in underlying robbery and sex crimes with knowledge of cohort's violent disposition without trying to mitigate that danger was a major participant for felony murder purposes. 		Criminal Law and Procedure 4DCA/1 May 9, 2023
Mendoza v. Superior Court (People)
Case was remanded to prove that alleged gang shooting was committed for the gang's benefit since the non-reputational benefit evidence was minor compared to the other preliminary hearing evidence. 		Criminal Law and Procedure 5DCA May 5, 2023
People v. Werntz
Mother's aiding and abetting second degree murder charge was valid even after changes to felony murder liability where she failed to protect her daughter from her husband who she knew was dangerous. 		Criminal Law and Procedure 4DCA/1 May 1, 2023
Modification: Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 28, 2023
People v. Fredrickson
Penal Code Section 1170(b)(6)(B)'s presumptive imposition of the lower sentencing term requires an initial showing that defendant's youth contributed to her crime. 		Criminal Law and Procedure 1DCA/5 Apr. 26, 2023
People v. Wilson
Despite jury's inability to reach verdicts on enhancements, trial court in resentencing proceeding was not precluded from finding defendant-petitioner was actual killer where substantial evidence supported the findings. 		Criminal Law and Procedure 1DCA/5 Apr. 25, 2023
People v. Fox
Despite entering plea agreement, criminal defendant was entitled to remand to seek resentencing relief where he was sentenced to the upper term without proof of aggravating circumstances. 		Criminal Law and Procedure 1DCA/1 Apr. 24, 2023
People v. Webb
In an assault context, although physical limitations may negate present ability to inflict injury, that was not the case where a one-legged defendant lunged at the victim from a close distance while armed with a knife. 		Criminal Law and Procedure 4DCA/1 Apr. 18, 2023
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