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Modification: Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. 		Criminal Law and Procedure 6DCA Oct. 27, 2021
In re M.S.
Because the expert witness did not know the stun gun's voltage, there was insufficient evidence to find that defendant's device was capable of immobilizing a person. 		Criminal Law and Procedure 1DCA/3 Oct. 25, 2021
U.S. v. Tat
Fully accurate records are not false entries for a criminal charge of making a false entry in bank records, even if a check had a nexus to money laundering. 		Criminal Law and Procedure 9th Oct. 22, 2021
McGill v. Shinn
A post-conviction relief court reasonably concluded that defense counsel's performance was not objectively deficient in light of prevailing professional norms. 		Criminal Law and Procedure 9th Oct. 22, 2021
Modification: People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket. 		Criminal Law and Procedure CASC Oct. 22, 2021
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 Oct. 21, 2021
Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. 		Criminal Law and Procedure 6DCA Oct. 21, 2021
People v. Dominguez
A petition for resentencing based on changes to felony murder law does not allow an inmate to relitigate factual issues decided against him. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2021
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. 20, 2021
Modification: In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications. 		Criminal Law and Procedure 3DCA Oct. 20, 2021
Modification: People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between. 		Criminal Law and Procedure 6DCA Oct. 18, 2021
People v. Kaihea
Gang-related evidence may be considered when determining if defendant killed in self-defense or heat of passion. 		Criminal Law and Procedure 3DCA Oct. 15, 2021
People v. Contreras
A trial court did not abuse its discretion in ordering a defendant to register as a sex offender because it was not required to explicitly find that the defendant was likely to reoffend. 		Criminal Law and Procedure 5DCA Oct. 15, 2021
Modification: Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. 		Criminal Law and Procedure CASC Oct. 15, 2021
People v. Smith
A trial court did not err in failing to instruct the jury sua sponte on a lesser included offense because no reasonably jury could conclude that the defendant was guilty of the lesser, but not the greater offense. 		Criminal Law and Procedure 4DCA/1 Oct. 15, 2021
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case. 		Criminal Law and Procedure 6DCA Oct. 14, 2021
People v. Sands
Because the legislature had a rational basis to allow parole to certain youthful offenders, but not others, Penal Code Section 3051 did not violate the Equal Protection Clause. 		Criminal Law and Procedure 1DCA/5 Oct. 14, 2021
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 Oct. 14, 2021
People v. Montes
A juvenile resentencing hearing, although it ultimately resulted in the same sentence, vacated the earlier judgment and entitled defendant to a juvenile transfer hearing. 		Criminal Law and Procedure 4DCA/2 Oct. 11, 2021
U.S. v. Yates
Because there is no cognizable property interest in the right to accurate information, the defendants could not be convicted for conspiracy to commit bank fraud. 		Criminal Law and Procedure 9th Oct. 11, 2021
People v. Flores
Juror declarations about statements made during deliberation were admissible because they showed information that was available to the jury rather than any juror's subjective decision-making process. 		Criminal Law and Procedure 3DCA Oct. 11, 2021
Banerjee v. Superior Court (People)
Disclosure of financial interests to patients did not excuse a physician when he referred patients to other entities that he owned. 		Criminal Law and Procedure 4DCA/2 Oct. 7, 2021
People v. The North River Insurance Co.
Because a bond was exonerated when defendant appeared within the appearance period, there was no jurisdiction over a bail bond company to pay extradition costs. 		Criminal Law and Procedure 2DCA/7 Oct. 6, 2021
People v. Bravo
Because there was no evidence that an immigration-neutral bargain could have been reached, defendant's inadequate advisement claim failed. 		Criminal Law and Procedure 4DCA/2 Oct. 6, 2021
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case. 		Criminal Law and Procedure 6DCA Oct. 6, 2021
Murchison v. County of Tehama
There was a triable issue as to whether police officers fell under the exigent circumstances exception when they entered plaintiff's property without a warrant upon discovering a rifle. 		Criminal Law and Procedure 3DCA Oct. 4, 2021
People v. Pillsbury
A recommendation by the Secretary of the Department of Corrections and Rehabilitation gives the court authority to recall a defendant's sentence and then resentence him. 		Criminal Law and Procedure 3DCA Oct. 4, 2021
Folsom Police Dept. v. M.C.
Police may petition to dispose of the firearms of individuals who were placed on a mental health hold and assessed, but not admitted for further evaluation. 		Criminal Law and Procedure 3DCA Oct. 4, 2021
U.S. v. Madrid-Becerra
For sentencing purposes, Arizona's early conditional release program is a "criminal justice sentence." 		Criminal Law and Procedure 9th Oct. 4, 2021
Amended Opinion: Pavulak v. von Blanckensee
Federal prisoner could not show that he lacked an unobstructed procedural shot at presenting his challenge to sentencing enhancement under 28 U.S.C. Section 2241 petition. 		Criminal Law and Procedure 9th Oct. 4, 2021
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