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Name Category Published
People v. Vasquez
When defendant commits crime to benefit umbrella gang, and umbrella gang satisfies primary activities and predicate offense requirements, it is not necessary to establish any connection between subsets of umbrella gang. 		Criminal Law and Procedure 5DCA Jul. 28, 2021
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 Jul. 27, 2021
U.S. v. Pangang Group
Being deemed instrumentality of foreign state under Foreign Sovereign Immunities Act requires more than relying on indictment's allegation of being "state-owned." 		Criminal Law and Procedure 9th Jul. 27, 2021
People v. Hoang
Penal Code Section 12022.53(h) authorizes trial court to strike or dismiss firearm enhancement only; it does not permit court to substitute lesser firearm enhancement. 		Criminal Law and Procedure 6DCA Jul. 26, 2021
In re Guice
California Department of Corrections and Rehabilitation's regulation that excludes nonviolent parole consideration of any inmate who is currently serving term of incarceration for 'violent felony' reasonably interpreted Proposition 57. 		Criminal Law and Procedure 6DCA Jul. 23, 2021
United States v. Warren
It is not error to include the statute defining the substantive offense that is the object of a conspiracy in a judgment. 		Criminal Law and Procedure 9th Jul. 23, 2021
People v. Arias
Pre-'People v. Banks' and 'People v. Clark' felony-murder special-circumstance findings do not categorically preclude defendants from obtaining resentencing relief under Senate Bill No. 1437. 		Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
United States v. Halamek
District court did not err by admitting FBI child forensic interviewer's relevant and reliable expert testimony on topic of grooming for sexual abuse. 		Criminal Law and Procedure 9th Jul. 23, 2021
Dustin Shepherd v. Unknown Party
Defendant failed to show 'actual innocence' to challenge his career offender sentence because the court imposed a sentence below guidelines range and was he sentenced after the guidelines became advisory. 		Criminal Law and Procedure 9th Jul. 23, 2021
People v. Doane
Prosecutor misstated the law involving circumstantial evidence in closing argument. 		Criminal Law and Procedure 1DCA/1 Jul. 23, 2021
In re Rodriguez
Ameliorative amendment to Penal Code Section 667.5 did not apply retroactively when trial court in defendant's second proceeding used first judgment to calculate aggregate term of imprisonment. 		Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
People v. Wilson
Trial court lacked statutory authority to modify defendant's parole condition without alleged parole violation. 		Criminal Law and Procedure 1DCA/5 Jul. 22, 2021
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 Jul. 22, 2021
People v. Schulz
Penal Code Section 1203.1(m)(1) excludes offenses that specify lengths of probation from eligibility for two-year maximum probationary period. 		Criminal Law and Procedure 5DCA Jul. 22, 2021
People v. Rodriguez
Defendant was not just getaway driver in single episode, he was major participant in conspiracy to commit series of robberies. 		Criminal Law and Procedure 3DCA Jul. 21, 2021
People v. Pineda
Defendant was entitled to judicial determination as to whether his conduct is proscribed by special-circumstances statute before his Penal Code Section 1170.95 petition may be denied. 		Criminal Law and Procedure 6DCA Jul. 21, 2021
Noguera v. Davis
Jury was properly instructed on financial-gain special circumstance. 		Criminal Law and Procedure 9th Jul. 21, 2021
People v. Pinedo
Defendant was entitled to have his 'narcotics offender' registration struck under plain language of the newly enacted Assembly Bill No. 1261. 		Criminal Law and Procedure 5DCA Jul. 19, 2021
People v. Mount
Application to designate felony conviction as misdemeanor on behalf of deceased defendant is moot where there is no showing that granting petition would provide any effective relief. 		Criminal Law and Procedure 1DCA/1 Jul. 19, 2021
United States v. Williams
Term by which Washington offense is punishable is limited by upper bound of its mandatory guidelines range. 		Criminal Law and Procedure 9th Jul. 19, 2021
United States v. Valdez-Lopez
District court did not act vindictively in resentencing defendant to longer term of imprisonment where it granted defendant's motion to vacate his conviction, and where two sentences were imposed by different judges. 		Criminal Law and Procedure 9th Jul. 19, 2021
People v. Lopez
Trial counsel failed to provide defendant with accurate and affirmative advice about immigration consequences of his plea agreement. 		Criminal Law and Procedure 4DCA/3 Jul. 16, 2021
People v. Dworak
There was no prosecutorial misconduct when prosecutor used hyperbolic language to describe defendant's expert witness at closing arguments. 		Criminal Law and Procedure CASC Jul. 16, 2021
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 Jul. 15, 2021
People v. Stewart
'Romero' motion cannot be used to bypass Penal Code Section 1170.91 determinate sentence requirement. 		Criminal Law and Procedure 4DCA/2 Jul. 13, 2021
U.S. v. Minasyan
Where defendant had adequate opportunity to contest loss amount at sentencing hearing, plea is not involuntary. 		Criminal Law and Procedure 9th Jul. 12, 2021
Modification: People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use. 		Criminal Law and Procedure 6DCA Jul. 8, 2021
People v. Dominguez
Gang member lunging at rivals while reaching for apparent weapon coupled with 'where you from' constituted substantial evidence from which jury could find objective provocation for heat of passion. 		Criminal Law and Procedure 4DCA/1 Jul. 7, 2021
People v. Clayton
Jury's unanimous rejection of felony-murder special-circumstance allegation establishes petitioner's entitlement to relief under Penal Code Section 1170.95 as matter of law. 		Criminal Law and Procedure 2DCA/2 Jul. 7, 2021
People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use. 		Criminal Law and Procedure 6DCA Jul. 6, 2021
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