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People v. Lezama
Criminal defendant who pled guilty to voluntary manslaughter after imputed malice theory of murder had been statutorily eliminated was ineligible for ameliorative resentencing relief provided by Penal Code Section 1172.6.
Criminal Law and Procedure 4DCA/3 Apr. 23, 2024
Modification: People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75.
Criminal Law and Procedure 5DCA Apr. 19, 2024
Modification: People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer.
Criminal Law and Procedure 1DCA/4 Apr. 19, 2024
U.S. v. Ramirez
Police officer's inquiry about a driver's parole status during a traffic stop was a neglibly burdensome safety precaution that did not violate the Fourth Amendment.
Criminal Law and Procedure 9th Apr. 19, 2024
McIntosh v. U.S.
A district court's failure to comply with Fed. R. of Crim. Pro. 32.22(b)(2)(B)'s requirement to enter a preliminary order before sentencing does not bar a judge from ordering forfeiture at sentencing.
Criminal Law and Procedure USSC Apr. 18, 2024
U.S. v. Payne
Officer's use of parolee's thumb to access his cell phone information did not violate Fifth Amendment right against self-incrimination.
Criminal Law and Procedure 9th Apr. 18, 2024
People v. Barooshian
Defendant's double jeopardy was not violated because gross vehicular manslaughter while intoxicated was not a necessarily included offense of murder.
Criminal Law and Procedure 4DCA/1 Apr. 17, 2024
U.S. v. Medina-Luna
Since defects in an indictment are nonjurisdictional, criminal defendant's subsequent unconditional guilty plea was also a waiver of the right to appeal any error in procuring the indictment waiver.
Criminal Law and Procedure 9th Apr. 15, 2024
People v. Lewis
Gang member suffering from terminal ALS did not pose an unreasonable risk of danger under Penal Code Section 1172.2 because his illness made it difficult to walk and breath.
Criminal Law and Procedure 4DCA/2 Apr. 12, 2024
U.S. v. James Milheiser
Overbroad theory of fraud presented to jury required vacating criminal defendants' convictions for mail fraud because it did not require finding the deception concerned the essential nature of the bargain.
Criminal Law and Procedure 9th Apr. 10, 2024
Modification: People v. Carrillo
Under Penal Code Section 1473.7, defendant, seeking to vacate conviction because he did not understand possible adverse immigration consequences, may include probation violation penalties as part of his "sentence."
Criminal Law and Procedure 5DCA Apr. 10, 2024
People v. Estrada
Trial court erred in denying defendant's petition for Penal Code Section 1172.6 resentencing because his pleas for attempted murder and voluntary manslaughter did not establish him as the actual killer.
Criminal Law and Procedure 2DCA/8 Apr. 10, 2024
People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75.
Criminal Law and Procedure 5DCA Apr. 8, 2024
People v. Uriostegui
Prosecution failed to demonstrate that presumptively invalid peremptory challenge to prospective juror based on her perceived lack of life experience was related to juror's ability to be fair and impartial.
Criminal Law and Procedure 2DCA/6 Apr. 8, 2024
Mosley v. Superior Court (People)
Evidence recovered by warrantless automobile search should have been suppressed because totality of the circumstances did not support probable cause to believe that vehicle contained evidence of criminal wrongdoing.
Criminal Law and Procedure 3DCA Apr. 8, 2024
People v. Brown
Defendant's failure to bring a reconsideration motion was not dispositive because the ameliorative amendments to the mental health diversion statute occurred ten days prior to the hearing.
Criminal Law and Procedure 4DCA/1 Apr. 5, 2024
U.S. v. Tat
Failing to challenge aspects of an initial sentence in a prior appeal did not result in waiver of right to challenge comparable aspects following de novo resentencing.
Criminal Law and Procedure 9th Apr. 5, 2024
U.S. v. Sapalasan
Inventory search was lawful where officer kept seized backpack in his police vehicle while he responded to other calls and completed the search near the end of his shift.
Criminal Law and Procedure 9th Apr. 2, 2024
People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer.
Criminal Law and Procedure 1DCA/4 Apr. 1, 2024
People v. Ayala
Trial court erred in admitting testimony of unavailable witness, who had been missing for over two years, but whom the prosecution did not begin searching for until two weeks before trial.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2024
People v. Rojas
Though Assembly Bill 333 required reversal of defendant's active gang participation conviction, jury's gang-murder special-circumstance finding under Penal Code Section 190.2 was affirmed because substantial evidence supported that finding.
Criminal Law and Procedure 5DCA Mar. 29, 2024
Modification: In re Seumanu
Because petitioner for habeas relief failed to adequately provide record materials and meet strict pleading requirements, all but one request for certificate of appealability was denied.
Criminal Law and Procedure 1DCA/4 Mar. 29, 2024
Hart v. Broomfield
District court did not err in denying habeas relief, where California Supreme Court could have reasonably deemed potentially suppressed evidence immaterial.
Criminal Law and Procedure 9th Mar. 29, 2024
People v. Serrano
There was sufficient evidence of premeditation and deliberation for attempted murder since defendant fired multiple gun shots at pursuing officers.
Criminal Law and Procedure 1DCA/5 Mar. 29, 2024
People v. McClelland
Court's ruling on 1172.6 petition after the parties agreed to submit the matter without a further evidentiary hearing did not violate defendant's due process rights.
Criminal Law and Procedure 4DCA/1 Mar. 28, 2024
People v. Hill
Denial of Section 1172.6 relief (felony murder amendment resentencing) does not implicate ex post facto principles.
Criminal Law and Procedure 2DCA/2 Mar. 27, 2024
Modification: People v. Barner
Despite trial court's error in using sentencing rather than commitment language, judgment was affirmed as court ultimately made the appropriate commitment order and calculation.
Criminal Law and Procedure 3DCA Mar. 27, 2024
People v. Morris
Because jury's verdict encompassed findings leading to defendant being convicted under amended felony-murder statute, defendant was ineligible for resentencing under Penal Code Section 1172.6.
Criminal Law and Procedure 4DCA/3 Mar. 25, 2024
McLaughlin v. Oliver
Habeas corpus petitioner could not pursue claim of ineffective assistance of trial counsel because he procedurally forfeited it by not first raising it in state court.
Criminal Law and Procedure 9th Mar. 20, 2024
People v. Jackson
Encounter with police became an unjustified detention based on the officers' actions, including partially blocking defendant's vehicle door.
Criminal Law and Procedure 2DCA/8 Mar. 19, 2024