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Name Category Published
U.S. v. Ferguson
Assuming magistrate judge committed Federal Rule of Criminal Procedure 11 violation, defendant failed to show effect on his substantial rights. 		Criminal Law and Procedure 9th Aug. 18, 2021
Modification: People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. 		Criminal Law and Procedure 4DCA/3 Aug. 18, 2021
U.S. v. Prigan
Hobbs Act robbery is not crime of violence under United States Sentencing Guidelines Section 4B1.2(a). 		Criminal Law and Procedure 9th Aug. 17, 2021
People v. Mancilla
Resentencing under Penal Code Section 1170.95 is unavailable if defendant is convicted of provocative act murder. 		Criminal Law and Procedure 2DCA/7 Aug. 16, 2021
Amended Opinion: People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 16, 2021
U.S. v. Bachmeier
Although threatening letter was mailed to courthouse, rational jury could have found beyond reasonable doubt that the judge, a natural person, was the addressee, as 18 U.S.C. Section 876(c) requires. 		Criminal Law and Procedure 9th Aug. 16, 2021
In re Sims
Evidence of defendant's failure to take her medication established change in circumstance and required trial court to suspend proceedings for evaluation of competency. 		Criminal Law and Procedure 4DCA/2 Aug. 13, 2021
People v. Henderson
Striking prior prison term enhancement while maintaining remainder of plea agreement would not deprive the People of benefit of bargain in open plea agreement context. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
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. 13, 2021
Jones v. Davis
Defendant's right to present complete defense was not violated because trial court's evidentiary ruling was neither arbitrary nor disproportionate to purpose it served. 		Criminal Law and Procedure 9th Aug. 13, 2021
People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 13, 2021
U.S. v. Wilson
There is no presumption that district court judge would take same approach in 18 U.S.C. Section 3582(c) proceeding as that taken by judge in original sentencing. 		Criminal Law and Procedure 9th Aug. 12, 2021
Modification: People v. Smothers
Defense counsel's misconception and consequent failure to present pertinent evidence at murder trial prejudiced defendant and constituted ineffective assistance of counsel. 		Criminal Law and Procedure 1DCA/3 Aug. 11, 2021
Hubbard v. U.S.
Under Innocence Protection Act, court with jurisdiction to hear petition for DNA testing is court that entered judgment of conviction, even if that tribunal has since dissolved. 		Criminal Law and Procedure 9th Aug. 11, 2021
In re Parks
Scientific debate between prosecution and defense experts regarding cause and origin of house fire did not establish that false evidence was offered at trial under Penal Code Section 1473. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2021
Modification: Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 5, 2021
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 Aug. 5, 2021
Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 3, 2021
People v. Morales
Trial court's failure to instruct that requisite great bodily injury or death under firearm use enhancement must be to person other than accomplice was prejudicial error. 		Criminal Law and Procedure 1DCA/4 Aug. 3, 2021
People v. Palacios
Trial court properly admitted defendant's proffer statements when defendant did not meet agreed upon condition precedent of answering truthfully. 		Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. 		Criminal Law and Procedure 4DCA/3 Aug. 2, 2021
People v. Walker
By correcting one part of sentence, trial court is resentencing defendant and is obligated to look at most current facts and law to determine whether they render different part of sentence incorrect. 		Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
Modification: People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing. 		Criminal Law and Procedure 3DCA Aug. 2, 2021
People v. Clark
Defendant's unpaid balance of monthly $100 probation supervision fee was struck under Assembly Bill 1869. 		Criminal Law and Procedure 1DCA/4 Aug. 2, 2021
Modification: People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted. 		Criminal Law and Procedure CASC Aug. 2, 2021
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 Jul. 30, 2021
People v. Bryant
Mandatory supervision terms and conditions are to be evaluated for reasonableness on case-by-case basis under 'People v. Lent' test. 		Criminal Law and Procedure CASC Jul. 30, 2021
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 Jul. 30, 2021
U.S. v. Gomez
Prosecution may preemptively rebut defense of entrapment when defendant clearly indicates he will present entrapment defense. 		Criminal Law and Procedure 9th Jul. 29, 2021
U.S. v. Dade
Defendant did not demonstrate his convictions 'relied on' residual-clause definition of 'crime of violence' under 18 U.S.C. Section 16(b). 		Criminal Law and Procedure 9th Jul. 29, 2021
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