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Modification: In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment. 		Criminal Law and Procedure 4DCA/2 Jan. 19, 2022
People v. Luper
Independent review of the entire record for error by the appellate court when counsel fails to identify arguable issues is not a guaranteed right in appeals from commitment extension proceedings. 		Criminal Law and Procedure 2DCA/8 Jan. 19, 2022
Young v. U.S.
Certification denied for petitioners' applications for successive habeas corpus petitions that did not "rely on" a new rule of constitutional law. 		Criminal Law and Procedure 9th Jan. 19, 2022
In re Lisea
Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction. 		Criminal Law and Procedure 3DCA Jan. 18, 2022
People v. Flores
Defendant-Appellant was entitled to a weighing of aggravating and mitigating circumstances to determine if his age at the time of the offense entitled him to imposition of a lower sentence. 		Criminal Law and Procedure 1DCA/5 Jan. 18, 2022
People v. Langi
The trial court erred in treating the opinion affirming defendant's conviction as conclusively establishing that defendant was found as the actual killer. 		Criminal Law and Procedure 1DCA/4 Jan. 14, 2022
Sanders v. Davis
A capital defense attorney has a duty to ensure that a client's decision not to present mitigating evidence at the penalty phase is informed and knowing. 		Criminal Law and Procedure 9th Jan. 14, 2022
In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment. 		Criminal Law and Procedure 4DCA/2 Jan. 13, 2022
People v. Newsom
Vehicle's loss of value due to "branded title" caused by theft was a real economic loss for which Defendant-Appellant must pay restitution even if victim does not sell the vehicle. 		Criminal Law and Procedure 2DCA/8 Jan. 12, 2022
People v. Garrison
Defendant was ineligible for resentencing because the evidence and defendant's plea supported only the conclusion that defendant was the actual killer. 		Criminal Law and Procedure 2DCA/1 Jan. 12, 2022
U.S. v. Ponce
Denial of early termination of supervised release that may have resulted from misstatement of law in an earlier decision requiring exceptional behavior was vacated. 		Criminal Law and Procedure 9th Jan. 12, 2022
U.S. v. Buck
A defendant's conviction for assaulting a mail carrier with intent to steal qualified as a crime of violence. 		Criminal Law and Procedure 9th Jan. 12, 2022
Modification: People v. Jimenez
Defendant's murder conviction was reversed because the police officer obtained defendant's confession by threatening to charge his sons with murder. 		Criminal Law and Procedure 4DCA/2 Jan. 12, 2022
U.S. v. Lonich
In balancing 'Barker' factors, government's decision to file new charges in superseding indictment did not result in Speedy Trial Clause violation. 		Criminal Law and Procedure 9th Jan. 11, 2022
U.S. v. 101 Houseco LLC
A third party lacked statutory standing to challenge forfeiture proceedings by intervening in criminal proceedings. 		Criminal Law and Procedure 9th Jan. 11, 2022
People v. Porter
Trial court's determination that petitioner was ineligible for resentencing required reversal and remand in light of a recent amendment to expressly include convictions for attempted murder. 		Criminal Law and Procedure 5DCA Jan. 10, 2022
People v. Abdelsalam
Defendant's motion to vacate his conviction was properly denied because defendant understood that his plea would result in deportation. 		Criminal Law and Procedure 2DCA/8 Jan. 7, 2022
People v. Mejorado
Lack of facts in the record refuting petitioner's allegations meant failure to appoint counsel and issue an order to show cause in response to a resentencing petition was prejudicial error. 		Criminal Law and Procedure 2DCA/8 Jan. 5, 2022
People v. Superior Court (Valenzuela)
Aider and abettor's actions were sufficient to demonstrate, for the purposes of a preliminary hearing, that he intended and aided the direct perpetrator's act with conscious disregard for human life. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2022
People v. Harrison
Petitioner was entitled to resentencing without the need for a hearing because the trial court specifically found he did not act with reckless indifference to human life. 		Criminal Law and Procedure 1DCA/4 Jan. 4, 2022
U.S. v. Turchin
Federal nexus required for fraud involving identification documents is not automatically satisfied merely by showing that the identification document in question was issued by a state government. 		Criminal Law and Procedure 9th Jan. 4, 2022
U.S. v. Jackson
Defendant's claim for breach of plea agreement failed when the written agreement was fully integrated and defendant testified at plea colloquy that it represented the parties' entire agreement. 		Criminal Law and Procedure 9th Jan. 4, 2022
People v. Johnson
Defendant waived his earlier invocation of his right to counsel when defendant initiated conversation with a psychiatrist. 		Criminal Law and Procedure CASC Jan. 4, 2022
In re Mohammad
Department of Corrections and Rehabilitation's regulations excluding inmates convicted of nonviolent offenses who are also serving terms for violent offenses from Proposition 57 nonviolent offender early parole consideration were constitutional. 		Criminal Law and Procedure CASC Jan. 4, 2022
People v. Lopez
Gang enhancements were vacated because Assembly Bill 333 requires evidence of additional elements to impose gang enhancements. 		Criminal Law and Procedure 2DCA/8 Jan. 3, 2022
Grassi v. Superior Court (People)
Defendant was ineligible for misdemeanor diversion despite Legislature not expressly excluding driving under the influence of drugs under the diversion statute. 		Criminal Law and Procedure 4DCA/3 Dec. 30, 2021
People v. Zgurski
Penal Code Section 530.5(a), using the personal information of another for an unlawful purpose, does not require that defendant knew the personal identifying information used belonged to a real person. 		Criminal Law and Procedure 1DCA/3 Dec. 29, 2021
Amended Opinion: U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement. 		Criminal Law and Procedure 9th Dec. 29, 2021
People v. Clark
Defendant's judicial bias claim was without merit because trial judge's relationship with prosecutor was confined to involvement in a volunteer program. 		Criminal Law and Procedure 3DCA Dec. 28, 2021
People v. Turner
Defendant should have been granted a mistrial where the jury was prejudiced by improperly admitted evidence of another homicide charge that had been severed. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2021
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