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Vallejo v. Superior Court (People)
A trial judge lacked authority to set aside as void a recused judge's dismissal order because the trial court lost subject matter jurisdiction when the sole charge against the defendant was dismissed. 		Criminal Law and Procedure 6DCA Dec. 28, 2021
Modification: People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing. 		Criminal Law and Procedure 4DCA/3 Dec. 27, 2021
Modification: People v. Waxlax
Defendant's dual convictions for assault were improper because they were two convictions of the same offense stemming from the same act. 		Criminal Law and Procedure 4DCA/2 Dec. 27, 2021
People v. Howard
Denial of an inmate's motion for a Franklin proceeding was deemed premature because the motion met the legal requirements to initiate the process. 		Criminal Law and Procedure 4DCA/3 Dec. 23, 2021
People v. Nault
Warrantless blood draws were not Fourth Amendment violations when the driver was unconscious and there was no opportunity for a breath test due to medical emergency the driver caused. 		Criminal Law and Procedure 2DCA/8 Dec. 22, 2021
U.S. v. Pollard
Nothing in the record objectively demonstrated that defendant would not have pled guilty to being a felon-in-possession had he known of the knowledge-of-status element. 		Criminal Law and Procedure 9th Dec. 22, 2021
People v. Sta Ana
A trial judge's arguably offensive word choice during questioning was not so prejudicial that it denied defendant a fair trial. 		Criminal Law and Procedure 6DCA Dec. 22, 2021
Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence. 		Criminal Law and Procedure 9th Dec. 21, 2021
People v. Lange
Police officer's hot pursuit of fleeing misdemeanant into a garage did not trigger the exclusionary rule even though the officer relied on binding precedent that was later overturned. 		Criminal Law and Procedure 1DCA/5 Dec. 21, 2021
Blakes v. Superior Court (People)
Motion to suppress should have been granted because the odor of burnt marijuana was insufficient to support probable cause for the warrantless search of a vehicle. 		Criminal Law and Procedure 3DCA Dec. 20, 2021
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 Dec. 20, 2021
People v. Wright
Denial of defendant's motion to represent himself at trial for being untimely was not an abuse of discretion when the motion was made two days before trial and appeared to be an attempt at an unjustifiable delay. 		Criminal Law and Procedure CASC Dec. 17, 2021
Modification: People v. Sorden
Defendant could not collaterally attack criminal protective order that restricted him from 'disturbing the peace' because CPO cannot be attacked for only being legally erroneous. 		Criminal Law and Procedure 4DCA/1 Dec. 17, 2021
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 Dec. 16, 2021
People v. Benzler
The trial court erred when it denied an eligible inmate's motion for a parole-related hearing. 		Criminal Law and Procedure 3DCA Dec. 15, 2021
People v. Waxlax
Defendant's dual convictions for assault were improper because they were two convictions of the same offense stemming from the same act. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2021
People v. Strother
Defendant posed an unreasonable risk of committing a "super strike" under Proposition 47 because his prior offenses were extremely close to being super strikes. 		Criminal Law and Procedure 2DCA/8 Dec. 13, 2021
People v. Ramirez
Gang enhancements were vacated because the prosecution presented insufficient evidence to show that the gang defendants allegedly sought to benefit qualified as a criminal street gang. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2021
People v. Silva
During redesignation and resentencing, due process requires that petitioners are provided notice regarding the crimes to be redesignated. 		Criminal Law and Procedure 1DCA/4 Dec. 10, 2021
People v. Waxlax
Defendant's dual convictions for assault were improper because they were actually two convictions for the same offense stemming from the same act. 		Criminal Law and Procedure 4DCA/2 Dec. 10, 2021
Modification: People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions. 		Criminal Law and Procedure 3DCA Dec. 9, 2021
Modification: People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law. 		Criminal Law and Procedure 4DCA/3 Dec. 9, 2021
U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth. 		Criminal Law and Procedure 9th Dec. 7, 2021
People v. Washington
The People should be given an opportunity to answer an equal protection argument in the trial court when the argument was neither raised at the trial court nor forfeited because it was unlikely to arise there. 		Criminal Law and Procedure 2DCA/7 Dec. 6, 2021
People v. Gonzalez
The wiretap statute does not impose the requirement that an application filed in the District Attorney's absence include information detailing the specific circumstances of the DA's absence. 		Criminal Law and Procedure CASC Dec. 3, 2021
People v. Superior Court (Jones)
By standing on an undisclosed numerical rating system to justify peremptory striking of potential jurors, the prosecuting attorney waived the work product privilege regarding his jury selection notes. 		Criminal Law and Procedure CASC Dec. 3, 2021
People v. Vasquez
Trial court judges cannot merely apply what they feel is fair and in the interest of justice and must provide evidence of extraordinary circumstances that would warrant mitigation of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Dec. 3, 2021
People v. Giddens
Subdivision (c) of Section 243.9 of the Penal Code does not create any rights for an inmate or impose a duty on a detention facility to preserve a suspected gassing substance for evidentiary purposes. 		Criminal Law and Procedure 4DCA/2 Dec. 2, 2021
People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing. 		Criminal Law and Procedure 4DCA/3 Dec. 2, 2021
People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law. 		Criminal Law and Procedure 4DCA/3 Dec. 2, 2021
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