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Modification: People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police. 		Criminal Law and Procedure 1DCA/4 Jan. 17, 2023
U.S. v. Munoz
Federal sentence enhancement for offense involving three or more firearms was appropriate where defendant's possession of a polymer kit gun was violation of state law. 		Criminal Law and Procedure 9th Jan. 12, 2023
People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending. 		Criminal Law and Procedure 4DCA/2 Jan. 11, 2023
Modification: People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Jan. 9, 2023
U.S. v. Mongol Nation
Under the Racketeer Influenced and Corrupt Organizations Act, any forfeitable property vests in the government even if the government explicitly states otherwise in its preliminary order of forfeiture. 		Criminal Law and Procedure 9th Jan. 9, 2023
U.S. v. Knight
Allowing juror to participate remotely for two days via Zoom was not a structural error. 		Criminal Law and Procedure 9th Jan. 5, 2023
People v. Guiffreda
Evidence was insufficient to support finding beyond a reasonable doubt that defendant acted with the reckless indifference to human life requisite to support felony murder conviction. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2023
Box v. Superior Court (People)
Challenges of racial bias in jury selection requires courts to separate prosecution's work product notes from information that could reveal racial bias. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2023
In re O'Connor
Defendant not entitled to release on bail as a matter of law because she was charged with qualifying felony offenses involving acts of violence on another person within the meaning of California Constitution, Article I, Section 12(b). 		Criminal Law and Procedure 6DCA Jan. 3, 2023
People v. Ross
Where it was uncertain whether trial court would have imposed same sentence had it known of Senate Bill 567's requirements, remand for resentencing was the proper course of action. 		Criminal Law and Procedure 1DCA/3 Dec. 30, 2022
U.S. v. Anderson
Inventory search of truck parked illegally by driver without valid license on private property was not Fourth Amendment violation where vehicle was impounded for valid community caretaking purpose. 		Criminal Law and Procedure 9th Dec. 30, 2022
People v. Tacardon
Defendant was not detained within the meaning of the Fourth Amendment because a reasonable person would view deputy's use of a spotlight as lacking in coercive force. 		Criminal Law and Procedure CASC Dec. 30, 2022
People v. Kelly
Trial court had no discretion to impose a lesser sentence because Penal Code Section 1170(b)(6) does not apply to sentences imposed pursuant to a negotiated disposition that includes an agreed-upon term of imprisonment. 		Criminal Law and Procedure 2DCA/6 Dec. 30, 2022
People v. Lipscomb
Trial court was not required to strike sentence enhancement that resulted in a sentence longer than 20 years where it found dismissal would endanger public safety. 		Criminal Law and Procedure 1DCA/2 Dec. 30, 2022
People v. White
A Franklin hearing is an evidence preservation process for the eventual determination of parole, not a process to reopen or reconsider a sentence, and thus does not render the judgment nonfinal and subject to Assembly Bill No. 518. 		Criminal Law and Procedure 3DCA Dec. 29, 2022
U.S. v. Macapagal
Conviction for attempted enticement of child did not require defendant believed he was communicating directly with a minor where ample evidence showed his intent to obtain sex with a minor. 		Criminal Law and Procedure 9th Dec. 29, 2022
People v. Whitmill
Motion for mental health diversion was improperly denied because there was no substantial evidence that defendant was too dangerous to be treated in the community and commit a violent super strike. 		Criminal Law and Procedure 2DCA/8 Dec. 28, 2022
People v. Jones
Because *People v. Moore* was decided after resentencing, case must be remanded to allow for consideration of defendant's youth when determining reckless indifference standard based on statutory changes to felony murder. 		Criminal Law and Procedure 1DCA/5 Dec. 28, 2022
People v. Williams
Defendant's felony murder resentencing petition was denied because jury instructions and jury's true finding of special circumstance established that jury found he acted with requisite intent and conduct. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2022
U.S. v. Linehan
Transportation of an explosive constituted a "crime of violence" under Penal Code Section 373(a) because it criminalized knowingly taking a substantial step toward using force capable of causing injury. 		Criminal Law and Procedure 9th Dec. 23, 2022
U.S. v. Fisher
Brothers charged with sexual offenses against children failed to present any misstatements or omissions made in the lead detective's affidavit for a warrant that would impermissibly taint the evidence obtained. 		Criminal Law and Procedure 9th Dec. 22, 2022
People v. Carter
Trial court had discretion to deny defendant's Marsden motion as an impermissible attempt to manufacture a conflict of interest. 		Criminal Law and Procedure 3DCA Dec. 22, 2022
In re Chunn
Legislation giving Department of State Hospitals sole discretion to conduct reevaluations of incompetent to stand trial defendants overrode trial court order that department evaluate defendants within 72 hours of commitment order. 		Criminal Law and Procedure 1DCA/1 Dec. 21, 2022
U.S. v. Barai
Refusal to give specific unanimity jury instruction was not error where jury only needed to agree unanimously that defendants used any one of four prohibited means in committing the offense. 		Criminal Law and Procedure 9th Dec. 21, 2022
San Diego Police Department v. Geoffrey S.
A trial court may consider hearsay evidence when ruling on a gun violence restraining order petition. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2022
People v. Consiglio
Trial court improperly substituted its personal belief that an elderly defendant continued to be a sexually violent predator despite a contrary evaluation from a Department of State Hospitals psychologist. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2022
People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Dec. 19, 2022
People v. Burgess
Neither the trial nor the appellate court had jurisdiction over defendant-appellant's freestanding motion to vacate his sentence filed after his conviction was final and he had begun serving his sentence. 		Criminal Law and Procedure 1DCA/3 Dec. 19, 2022
People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police. 		Criminal Law and Procedure 1DCA/4 Dec. 19, 2022
People v. Arellano
After dismissing a murder charge under Penal Code Section 1170.95, a court may not include count-specific enhancements for the previously dismissed underlying felony convictions unless specifically established at the hearing. 		Criminal Law and Procedure 6DCA Dec. 19, 2022
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