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People v. Haro
Because a defendant did not have fair notice, the trial court erred in imposing a 20-kilogram weight enhancement that was not pleaded. 		Criminal Law and Procedure 4DCA/1 Sep. 13, 2021
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. 		Criminal Law and Procedure 3DCA Sep. 13, 2021
Jurado v. Davis
A videotape proffered by defendant purportedly showing his remorse was properly excluded because there was no substantial evidence of trustworthiness or reliability. 		Criminal Law and Procedure 9th Sep. 13, 2021
Ervin v. Davis
Rejecting defendant's claim of racially-motivated peremptory strikes was unreasonable because the district court ignored relevant factors. 		Criminal Law and Procedure 9th Sep. 13, 2021
Chavez v. Robinson
Because defendant's statements were not used against him in a criminal case, defendant could not bring a civil action for damages against the government. 		Criminal Law and Procedure 9th Sep. 9, 2021
U.S. v. Green
When defendant visited a pornographic website, he violated the terms of his supervised released that forbade him from patronizing any place where sexually explicit materials are the primary material available. 		Criminal Law and Procedure 9th Sep. 9, 2021
Modification: People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. 		Criminal Law and Procedure 5DCA Sep. 9, 2021
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty. 		Criminal Law and Procedure 4DCA/1 Sep. 7, 2021
U.S. v. Juliano
Counsel's failure to anticipate legislation that reduced minimum sentences was not objectively unreasonable given that it was unclear whether it would become law at time of defendant's sentencing. 		Criminal Law and Procedure 9th Sep. 7, 2021
People v. Grabham
Dual convictions of Vehicle Code Sections 23152(a) and 23152(b) prohibiting driving under the influence are 'both possible and proper.' 		Criminal Law and Procedure 1DCA/4 Sep. 3, 2021
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. 		Criminal Law and Procedure CASC Sep. 3, 2021
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life. 		Criminal Law and Procedure 1DCA/3 Sep. 2, 2021
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction. 		Criminal Law and Procedure 1DCA/2 Sep. 1, 2021
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor. 		Criminal Law and Procedure 2DCA/6 Sep. 1, 2021
Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. 		Criminal Law and Procedure 3DCA Aug. 31, 2021
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 Aug. 31, 2021
U.S. v. Pollard
Nothing in record objectively demonstrated defendant would not have pled guilty had he known of 18 U.S.C. Section 922(g)(1)'s knowledge-of-status element. 		Criminal Law and Procedure 9th Aug. 30, 2021
Modification: People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records. 		Criminal Law and Procedure 3DCA Aug. 27, 2021
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 Aug. 27, 2021
Modification: People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel. 		Criminal Law and Procedure CASC Aug. 27, 2021
People v. Medrano
Penal Code Section 1170.95 relief is unavailable to petitioners concurrently convicted of first degree murder and conspiracy to commit first degree murder where both convictions involve the same victim. 		Criminal Law and Procedure 2DCA/6 Aug. 26, 2021
People v. Wilkins
Senate Bill No. 1437 neither repealed the felony-murder special circumstance statute in practice nor amended any voter-approved initiative. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2021
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 Aug. 24, 2021
People v. Wycoff
Expert psychologist's report was substantial evidence of defendant's mental incompetence, requiring the court to initiate competency procedures set forth in Penal Code Sections 1368 and 1369. 		Criminal Law and Procedure CASC Aug. 24, 2021
People v. Mumin
Evidence supported jury instruction on kill zone theory of attempted murder liability. 		Criminal Law and Procedure 4DCA/1 Aug. 23, 2021
People v. Tan
After defendant's conviction was vacated under Penal Code Section 1170.95 and he was released on time served with three-year parole term, Section 3000.01 limited defendant's parole term to two years. 		Criminal Law and Procedure 2DCA/3 Aug. 23, 2021
U.S. v. Bartley
Unlawful possession of firearm under 18 U.S.C. Section 922(g)(4) does not require defendant to be both mentally ill and dangerous. 		Criminal Law and Procedure 9th Aug. 23, 2021
People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. 		Criminal Law and Procedure 5DCA Aug. 19, 2021
People v. McClure
Penal Code Section 1170.95 resentencing relief does not apply to individuals charged with murder but convicted by plea of voluntary manslaughter. 		Criminal Law and Procedure 6DCA Aug. 19, 2021
People v. Czirban
Statutory changes to Penal Code Section 1203.1(a) allowed defendant's three year probationary term to be reduced to two years. 		Criminal Law and Procedure 6DCA Aug. 19, 2021
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