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Name Category Published
People v. Wilson
Because the California Supreme Court changed the standards for certain felony murder inquiries, earlier jury findings do not mean defendant meets the modern standard. 		Criminal Law and Procedure 4DCA/1 Oct. 1, 2021
People v. Myles
A defendant's parole risk assessment and parole suitability hearing transcript were admissible in her resentencing hearing. 		Criminal Law and Procedure 1DCA/1 Oct. 1, 2021
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. 1, 2021
People v. Morales
The right to use deadly force to prevent a robbery requires a reasonable belief that the victim of the robbery would suffer great bodily injury or death. 		Criminal Law and Procedure 1DCA/4 Oct. 1, 2021
People v. Wise
Defendant was subject to multiple convictions because it is possible to cause a gun to be manufactured without ever taking possession of it. 		Criminal Law and Procedure 3DCA Sep. 30, 2021
People v. Dawson
A defendant government employee in a conflict of interest matter has the burden of showing a reasonable doubt as to whether others would have received similar terms. 		Criminal Law and Procedure 6DCA Sep. 30, 2021
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 Sep. 30, 2021
People v. Fultz
Because a plea bargain ultimately required that witnesses tell the truth at trial, the witnesses' testimony was not coerced. 		Criminal Law and Procedure 3DCA Sep. 29, 2021
People v. Harring
A trial court's denial of a petition for resentencing was improper because the trial court considered the actual facts of a prior conviction rather than only the statutory elements. 		Criminal Law and Procedure 5DCA Sep. 29, 2021
People v. Bankers Insurance Co.
Trial court had a rational basis to believe that a defendant had a sufficient excuse for failing to appear based on the conclusion that it would be strange to post bail and fail to appear. 		Criminal Law and Procedure 1DCA/2 Sep. 29, 2021
Melnik v. Dzurenda
Prison officials' argument for qualified immunity failed because they violated a clearly established right when they prevented an inmate's access to evidence for use in inmate's prison disciplinary hearing. 		Criminal Law and Procedure 9th Sep. 28, 2021
People v. Mendez
Trial courts must provide notice and an opportunity to present relevant information before ruling on a recommendation for resentencing an inmate. 		Criminal Law and Procedure 2DCA/2 Sep. 27, 2021
U.S. v. Lizarraras-Chacon
A district court erroneously concluded that it could not consider intervening developments affecting mandatory minimum sentencing in its Federal Sentencing Statute analysis. 		Criminal Law and Procedure 9th Sep. 24, 2021
Demetrulias v. Davis
Erroneous admission of statements about the victims' character did not rise to the level of constitutional error because the challenged testimony was brief and non-inflammatory. 		Criminal Law and Procedure 9th Sep. 24, 2021
Modification: People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism. 		Criminal Law and Procedure 2DCA/2 Sep. 23, 2021
People v. Chavez
An expert's testimony that the victim's leg would 'probably not' fully recover was sufficient to support a finding that the leg was permanently injured. 		Criminal Law and Procedure 2DCA/6 Sep. 23, 2021
U.S. v. Wilson
Viewing attachments forwarded by Google's automated child pornography detection system was an unlawful search that exceeded the private search exception. 		Criminal Law and Procedure 9th Sep. 22, 2021
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 Sep. 22, 2021
People v. Silas
A juror was improperly dismissed based on her answers to questions about the Black Lives Matter movement. 		Criminal Law and Procedure 1DCA/1 Sep. 20, 2021
Modification: People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights. 		Criminal Law and Procedure 3DCA Sep. 20, 2021
People v. Barboza
When a trial court had struck a jury's special circumstance enhancement findings, those findings could not be used to preclude a resentencing hearing. 		Criminal Law and Procedure 4DCA/3 Sep. 17, 2021
People v. Eynon
Defendant's admission that he was liable for murder under then-existing felony murder law did not preclude him from a rehearing when felony murder laws were amended. 		Criminal Law and Procedure 4DCA/2 Sep. 17, 2021
People v. Montoya
In an ineffective counsel inquiry, counsel has some discretion to determine if a defense is viable and whether to bring that defense to the attention of a defendant. 		Criminal Law and Procedure 5DCA Sep. 17, 2021
U.S. v. Schaefer
After a defendant had previously waived his right to counsel, the district court properly denied defendant's request to reappoint counsel after the jury had been impaneled. 		Criminal Law and Procedure 9th Sep. 17, 2021
Cooper v. Newsom
District attorneys' appeal to intervene as defendants was not moot because California's execution protocol could reasonably be expected to start up again. 		Criminal Law and Procedure 9th Sep. 17, 2021
Bolin v. Davis
A defendant was properly denied federal habeas relief because a reasonable jurist could conclude that defendant had effective counsel. 		Criminal Law and Procedure 9th Sep. 16, 2021
Coston v. Nangalama
Because a prison's doctor failed to follow mandatory policy regarding narcotic medication, the doctor was not entitled to a jury instruction of deference towards the doctor. 		Criminal Law and Procedure 9th Sep. 16, 2021
People v. Lopez-Vinck
Although defendant was several feet away when he brandished a knife, a reasonably jury could find that defendant engaged in an act that was likely to cause injury. 		Criminal Law and Procedure 4DCA/1 Sep. 16, 2021
People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism. 		Criminal Law and Procedure 2DCA/2 Sep. 14, 2021
People v. Bharth
There was no confrontational right violation when the court allowed a victim suffering from trauma to turn her chair away from defendant to complete the victim's testimony. 		Criminal Law and Procedure 3DCA Sep. 14, 2021
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