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Name Category Published
People v. Cervantes
A trial court commits no error by not reconsidering an entire sentence when a remittitur directed the court to focus on a particular issue. 		Criminal Law and Procedure 2DCA/8 Dec. 2, 2021
In re Harris
A court entering a pretrial detention order must state on the record its reasons for why less restrictive means cannot protect government interests in public safety to satisfy procedural due process. 		Criminal Law and Procedure 1DCA/3 Dec. 1, 2021
Valderas v. Superior Court (People)
Although defendant claimed he never received a notice to appear, the trial court properly issued a bench warrant because notice had been sent to the address on file. 		Criminal Law and Procedure 4DCA/1 Dec. 1, 2021
U.S. v. Reyes
A court must provide advance notice before imposing a requirement that, as a special condition of supervised release, defendant is required to allow suspicionless searches by any law enforcement. 		Criminal Law and Procedure 9th Nov. 30, 2021
People v. Price
Defendant was not entitled to have her murder conviction vacated and to be resentenced because substantial evidence supported the jury's special circumstance finding. 		Criminal Law and Procedure 1DCA/2 Nov. 30, 2021
People v. Codinha
The court struck a one-year enhancement from defendant's prison sentence because his prison prior term was not based on a sexually violent offense, as defined in the Welfare and Institutions Code. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2021
People v. Williams
Lifetime parolees are no exception to the requirement of Section 1203.2(b)(1) of the Penal Code that all petitions for parole revocation be referred to the parole agency for a written report. 		Criminal Law and Procedure 1DCA/1 Nov. 24, 2021
People v. Murillo
During the initial stages of a motion for vacatur, it was improper for the trial court to engage in judicial factfinding prior to issuing an order to show cause. 		Criminal Law and Procedure 4DCA/3 Nov. 24, 2021
People v. Montes
Using revised statute that would become effective before a final order is entered, petitioner convicted of attempted murder under the natural and probable consequences doctrine may be able to establish prima facie eligibility for resentencing. 		Criminal Law and Procedure 2DCA/8 Nov. 24, 2021
People v. Ramirez
Defendant's youth must be considered when determining if actions constituted reckless indifference required for the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/7 Nov. 24, 2021
Modification: People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. 		Criminal Law and Procedure 2DCA/2 Nov. 24, 2021
People v. Rodriguez
Despite existing knowledge of an employee's moonlighting, the limitations period did not begin to run until victim learned of facts that caused him to investigate and discover a crime had been committed. 		Criminal Law and Procedure 2DCA/8 Nov. 22, 2021
People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. 		Criminal Law and Procedure 2DCA/2 Nov. 22, 2021
Ngu v. City Bail Bonds
Bail bond agents cannot solicit bail for plaintiff's co-arrestee. 		Criminal Law and Procedure 2DCA/5 Nov. 17, 2021
Amended Opinion: U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy. 		Criminal Law and Procedure 9th Nov. 17, 2021
Munoz v. Smith
Petitioner's claims were not cognizable under federal habeas law where supervisory conditions were not "custodial" within the meaning of federal habeas statute. 		Criminal Law and Procedure 9th Nov. 16, 2021
People v. Davenport
A trial court erred in denying a petition for resentencing when it considered facts from a preliminary hearing transcript that defendant did not stipulate to as a factual basis for his no contest plea. 		Criminal Law and Procedure 1DCA/4 Nov. 12, 2021
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 Nov. 11, 2021
People v. Cuadra
Plaintiff raising his hands in the air and questioning why he was being detained demonstrated submission to a show of authority. 		Criminal Law and Procedure 2DCA/8 Nov. 9, 2021
People v. Revels
Jurors' impartiality was not an issue where a testifying doctor provided minor assistance to an alternate juror. 		Criminal Law and Procedure 3DCA Nov. 9, 2021
U.S. v. Prasad
Amount forfeited from fraudulent visa scheme correctly includes all proceeds obtained from the illegal activity and not just the profits after accounting for costs. 		Criminal Law and Procedure 9th Nov. 9, 2021
Modification: Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder. 		Criminal Law and Procedure 5DCA Nov. 2, 2021
Ochoa v. Davis
Habeas corpus applicant was required to show that the *Brady* violation prejudiced his case in order to make a successful habeas claim. 		Criminal Law and Procedure 9th Nov. 2, 2021
People v. James
Courts must consider a defendant's background, character, and prospects in determining if she is within the spirit of the three strikes law. 		Criminal Law and Procedure 1DCA/2 Nov. 1, 2021
Modification: People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable. 		Criminal Law and Procedure 6DCA Nov. 1, 2021
People v. Navarro
Conspiracy to commit murder could be inferred from defendant's actions and associations involving the alleged conspiracy. 		Criminal Law and Procedure CASC Oct. 29, 2021
Modification: People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393. 		Criminal Law and Procedure 2DCA/4 Oct. 29, 2021
Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder. 		Criminal Law and Procedure 5DCA Oct. 28, 2021
People v. Shropshire
A defendant was entitled to apply the difference between his credits earned and his newly-reduced sentence to another term that he was serving. 		Criminal Law and Procedure 3DCA Oct. 27, 2021
People v. Jenkins
When a sentencing court's findings are made under a lower standard than reasonable doubt, they cannot preclude eligibility for relief based on the elimination of the natural and probable consequences doctrine. 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2021
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