| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D082912
|
People v. Shively
Failure to establish a criminal street gang existed or demonstrate a common, nonreputational benefit to a gang meant gang enhancement was not supported by sufficient evidence. |
Criminal Law and Procedure |
|
J. Castillo | May 29, 2025 |
|
23-4097
|
U.S. v. Greene
Plain error found where elements of offense used as pseudo-count to calculate offense level for sentencing purposes were not satisfied by facts stipulated by the defendant in plea agreement. |
Criminal Law and Procedure |
|
M. Christen | May 28, 2025 |
|
24-1865
|
U.S. v. Watson
Defendant's parole agreement requiring that he cooperate with probation officer did not violate his Fifth Amendment rights in subsequent interrogation by police for a separate offense. |
Criminal Law and Procedure |
|
R. Tallman | May 27, 2025 |
|
B337098
|
People v. Brown
Petitioner, who was sentenced to prison after violating probation, was eligible for Penal Code section 1203.41 relief even though his original sentence did not involve state prison. |
Criminal Law and Procedure |
|
K. Yegan | May 23, 2025 |
|
A168363
|
People v. Mathis
Defendant's failure to raise a section 654 (double punishment) claim during his plea deal resulted in forfeiting the claim. |
Criminal Law and Procedure |
|
G. Burns | May 23, 2025 |
|
23-909
|
Kousisis v. U.S.
Inducing a victim to enter a transaction under materially false pretenses was sufficient to support federal wire fraud conviction even where the defendant did not seek to cause economic loss. |
Criminal Law and Procedure |
|
A. Barrett | May 23, 2025 |
|
F087198
|
People v. Millan
Great bodily injury enhancement to attempted murder of defendant's infant son was not supported by substantial evidence where defendant only proximately caused injury to the infant. |
Criminal Law and Procedure |
|
J. Detjen | May 22, 2025 |
|
G062770
|
People v. Richee
Trial court's erroneous instruction to jury on the now defunct natural and consequences doctrine warranted reversal of attempted murder convictions. |
Criminal Law and Procedure |
|
K. O'Leary | May 22, 2025 |
|
A171858
|
McDaniel v. Superior Court (People)
Good-cause threshold for granting Racial Justice Act discovery request is a low bar--satisfied in this case by a plausible factual foundation, based on specific county-level data, that a violation could have occurred. |
Criminal Law and Procedure |
|
I. Petrou | May 21, 2025 |
|
23-4108
|
U.S. v. Yafa
District court did not err when it used the gain that resulted from defendants' "pump and dump" securities scheme as an alternative measure for loss. |
Criminal Law and Procedure, Securities |
|
M. Murguia | May 16, 2025 |
|
B337373
|
People v. Horton
Immediate family member of stalking victim could be included in post-conviction protection order because there was evidence the defendant had committed or attempted to commit a harm against him. |
Criminal Law and Procedure |
|
V. Viramontes | May 15, 2025 |
|
B331540
|
People v. Hinojos
Because gang enhancement statute punished additional criminal conduct beyond those assessed by the gang conspiracy statute, trial court's imposition of gang enhancements was permissible under Penal Code Section 654. |
Criminal Law and Procedure |
|
H. Bendix | May 14, 2025 |
|
G062781
|
Modification: People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless. |
Criminal Law and Procedure |
|
M. Sanchez | May 14, 2025 |
|
22-50048
|
U.S. v. Duarte
Under Bruen, restricting non-violent felons from possessing firearms does not violate the Second Amendment. |
Constitutional Law, Criminal Law and Procedure |
|
K. Wardlaw | May 12, 2025 |
|
24-327
|
U.S. v. Plancarte
Government did not breach plea agreement by submitting supplemental memorandum opining about defendant's "worrying" conduct and past arrest history. |
Criminal Law and Procedure |
|
S. Ikuta | May 9, 2025 |
|
G062781
|
People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless. |
Criminal Law and Procedure |
|
M. Sanchez | May 8, 2025 |
|
A169744
|
People v. Hickman
Petitioner who pled guilty to manslaughter after Senate Bill No. 1437 changed Penal Code Sections 188 and 189 was ineligible for resentencing relief under Section 1172.6. |
Criminal Law and Procedure |
|
J. Humes | May 7, 2025 |
|
A169966
|
People v. Anderson
Both lost revenue and paid prize money should be included in restitution amount for defendant who stole and redeemed lottery tickets. |
Criminal Law and Procedure |
|
G. Burns | May 7, 2025 |
|
23-1034
|
U.S. v. Myers
Mandatory Victims Restitution Act applied to the gradual accumulation of cash deposits from family and friends in inmate's trust account. |
Criminal Law and Procedure |
|
R. Nelson | May 7, 2025 |
|
S173784
|
People v. Oyler
Despite media coverage of wildfire set by capital murder defendant, trial court correctly denied change of venue motion given the large size of the county and other factors. |
Criminal Law and Procedure |
|
P. Guerrero | May 6, 2025 |
|
E083362
|
People v. Whipple
Issue preclusion prevented petitioner from relitigating jury instruction issue to demonstrate she could no longer be convicted of murder because she did not raise instructional error in initial appeal. |
Criminal Law and Procedure |
|
M. Raphael | May 5, 2025 |
|
E081147
|
People v. Williams
Defendant who did not seek help for victim's injuries and actively impeded another person who eventually found the victim and sought aid exhibited reckless indifference to human life. |
Criminal Law and Procedure |
|
D. Miller | May 5, 2025 |
|
A168604
|
People v. Lopez-Barraza
Trial court erroneously denied resentencing petition by impermissibly relying on factual findings that conflicted with the jury's determination that defendant was not guilty of conspiracy. |
Criminal Law and Procedure |
|
T. Stewart | May 5, 2025 |
|
23-1956
|
U.S. v. Turrey
Criminal defendant waived claims regarding alleged prejudicial statements made during jury selection issues because his counsel invited the error and failed to object or request remedial action at the time. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | May 1, 2025 |
|
B334490
|
People v. Benson
Trial court did not abuse its discretion by admitting gang-related evidence, as it was relevant to issues of identity, motive, and witness credibility. |
Criminal Law and Procedure |
|
M. Stratton | Apr. 30, 2025 |
|
S141519
|
Modification: People v. Hin
Trial court abused its discretion in admitting rap song from a CD found in defendant's bedroom during both the guilt and penalty phases. |
Criminal Law and Procedure |
|
G. Liu | Apr. 28, 2025 |
|
22-10058
|
U.S. v. Pangang Group Company, Ltd.
Defendants, companies owned by the Chinese government, did not enjoy foreign sovereign immunity from criminal prosecution in U.S. courts related to economic espionage charges. |
Criminal Law and Procedure, Commercial Law |
|
D. Collins | Apr. 29, 2025 |
|
24-1013
|
U.S. v. Gonzalez-Loera
Retroactive sentencing guideline providing for offense-level reduction contained two distinct requirements for eligibility, so defendant who failed to meet both was ineligible for sentencing reduction. |
Criminal Law and Procedure |
|
M. Bennett | Apr. 29, 2025 |
|
S281599
|
People v. Antonelli
Defendants convicted of murder under the provocative act doctrine before 2009 are not categorically ineligible for resentencing relief under Penal Code Section 1172.6. |
Criminal Law and Procedure |
|
J. Groban | Apr. 25, 2025 |
|
D084008
|
People v. Glass
In light of *People v. Patton*, case was remanded for defendant to provide additional facts to support his Penal Code Section 1172.6 resentencing request despite record supporting his ineligibility. |
Criminal Law and Procedure |
|
J. Castillo | Apr. 24, 2025 |
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