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Name Category Published
U.S. v. Avendano-Soto
*Montoya*'s pronouncement requirement was met where district court ensured defendant reviewed and understood presentencing report which incorporated probation requirements. 		Criminal Law and Procedure 9th Sep. 13, 2024
U.S. v. Brewster
No clear error in finding criminal defendant's flight put at least one motorist at substantial risk of serious bodily injury and applying sentencing enhancement based on dashcam video. 		Criminal Law and Procedure 9th Sep. 13, 2024
People v. Ingram
Defendant-appellant seeking release under Sexually Violent Predator Act failed to meet his burden of proof where expert testimony showed he was not cured and presented an above-average risk of reoffending. 		Criminal Law and Procedure 3DCA Sep. 13, 2024
U.S. v. Shen Zhen New World I, LLC
For the bribe-giver, it is sufficient to demonstrate a requisite intent to influence an official rather than an agreement for quid pro quo for a conviction on federal bribery charges. 		Criminal Law and Procedure 9th Sep. 12, 2024
Modification: People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. 		Criminal Law and Procedure 3DCA Sep. 11, 2024
Frye v. Broomfield
Habeas relief was unavailable from a federal court after a state court had already adjudicated a shackling claim on the merits and its determination of harmlessness was not objectively unreasonable. 		Criminal Law and Procedure 9th Sep. 11, 2024
People v. Hall
Because defendants' movement of victim around the house was incidental to robbing the victim, convictions for simple kidnapping were reversed. 		Criminal Law and Procedure 4DCA/3 Sep. 10, 2024
People v. Ruiz
Trial court erred in calculating defendant's 15-year incarceration requirement for Penal Code Section 1170(d) resentencing by calculating from the sentencing date rather than the incarceration date. 		Criminal Law and Procedure 4DCA/3 Sep. 9, 2024
Rodney v. Garrett
Habeas corpus petitioner could not establish substantial ineffective-assistance-of-counsel claims because there was no reasonable probability the result of his trial would have been different but for his counsel's alleged errors. 		Criminal Law and Procedure 9th Sep. 9, 2024
In re Montgomery
A petitioner must have an ongoing Racial Justice Act action in order to file a motion for discovery relating to a violation of the act. 		Criminal Law and Procedure 4DCA/1 Sep. 9, 2024
In re Brown
Three Strikes exclusion under Elderly Parole Program applies to prisoners convicted and sentenced under the Three Strikes law even if they had already begun serving a prison sentence. 		Criminal Law and Procedure 5DCA Sep. 6, 2024
U.S. v. Gomez
Because defendant's California conviction for assault with a deadly weapon did not meet federal requirements as a crime of violence, career offender enhancement was improperly applied. 		Criminal Law and Procedure 9th Sep. 5, 2024
People v. Mejia
Police use of multiple photographic lineups where witness was uncertain about her initial identification was reasonable and did not offend due process. 		Criminal Law and Procedure 2DCA/8 Sep. 4, 2024
Garraway v. Ciufo
Absent a denial of qualified immunity, district court orders extending *Bivens* are not immediately appealable under the collateral order doctrine. 		Criminal Law and Procedure 9th Sep. 4, 2024
U.S. v. Ovsepian
To excuse his procedural default, defendant convicted under divisible statute needed to demonstrate actual innocence only with respect to the prong under which he was actually tried and convicted. 		Criminal Law and Procedure 9th Sep. 4, 2024
People v. Daffeh
Trial court erroneously denied defendant's petition for dismissal of charges based on non-payment of victim's restitution where payment was neither ordered by the court nor set as a condition of defendant's probation. 		Criminal Law and Procedure 1DCA/5 Sep. 3, 2024
In re Hill
Habeas petitioner alleging that prosecution failed to disclose evidence it had promised not to prosecute key witness for offenses arising from conduct described during investigation established prima facie case for relief. 		Criminal Law and Procedure 1DCA/2 Sep. 3, 2024
DiMaggio v. Superior Court (People)
Trial court erred in applying good faith exception to exclusionary rule when police obtained the evidence by disregarding the timeframe limits specified in the warrant. 		Criminal Law and Procedure, Evidence 6DCA Sep. 3, 2024
People v. Vigil
Trial court lacked jurisdiction to consider Racial Justice Act petition where defendant-petitioner was already serving his sentence and was not eligible for retroactive application of the Act until January 2026. 		Criminal Law and Procedure 5DCA Aug. 30, 2024
People v. Williams
Exclusion of One Strike offenders from eligibility under youth offender parole statute did not violate equal protection principles because there was a rational basis for the exclusion. 		Criminal Law and Procedure CASC Aug. 30, 2024
People v. Lopez
Denying resentencing petition at prima facie stage was proper because liability for felony murder only required intent to kill coupled with participation in the underlying felony during which murder occurred. 		Criminal Law and Procedure 4DCA/3 Aug. 29, 2024
People v. Howard
Denying defendant's Racial Justice Act motion at the prima facie stage was error when defendant provided sufficient evidence to establish that a violation could have occurred. 		Criminal Law and Procedure 6DCA Aug. 29, 2024
People v. Dauterman
Credits for time served on suspended sentence did not reduce felony defendant's period of probation. 		Criminal Law and Procedure 3DCA Aug. 27, 2024
In re Tellez
Defendant was unable to show that counsel's failure to advise him of possible Sexually Violent Predator Act commitment following a guilty plea prejudiced his decision to take the deal. 		Criminal Law and Procedure CASC Aug. 27, 2024
People v. Guenther
Instructing jury on elements of sodomy and oral copulation by duress not error where the prosecution chose to frame its case in those terms and presented evidence supporting that theory. 		Criminal Law and Procedure 6DCA Aug. 26, 2024
People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. 		Criminal Law and Procedure 3DCA Aug. 26, 2024
Sellers v. Superior Court (People)
Presence of a "usable" amount of unlawfully possessed marijuana, together with the other facts observed or known to the police officers, provided probable cause to search the vehicle. 		Criminal Law and Procedure 3DCA Aug. 26, 2024
People v. Holliday
Conviction reversed where trial court's modified jury instruction could cause jury confusion as to the standard of proof necessary for conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 26, 2024
People v. Anderson
Though felons' right to bear arms is constitutionally protected, because California's regulations of felons' firearm possession comport with traditional firearm regulation, they do not violate that right. 		Criminal Law and Procedure 1DCA/3 Aug. 26, 2024
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code. 		Criminal Law and Procedure, Constitutional Law 2DCA/3 Aug. 23, 2024
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