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Name Category Published
People v. Esquivel
When defendant is placed on probation with execution of state prison sentence suspended, defendant's case is not final for 'Estrada' retroactivity if defendant may still timely obtain direct review of order revoking probation. 		Criminal Law and Procedure CASC Jun. 18, 2021
Stiavetti v. Clendenin
Setting statewide constitutional deadline for commencing substantive services for incompetent to stand trial defendants was appropriate to remedy ongoing due process violations. 		Criminal Law and Procedure 1DCA/2 Jun. 17, 2021
People v. Kasrawi
Discovery of outstanding arrest warrant attenuated taint of unlawful detention, so evidence obtained during subsequent search was admissible. 		Criminal Law and Procedure 4DCA/1 Jun. 17, 2021
People v. Simmons
Any error in failing to appoint counsel or afford petitioner other procedures outlined in Penal Code Section 1170.95(c) was harmless, because record established petitioner is ineligible for resentencing. 		Criminal Law and Procedure 5DCA Jun. 17, 2021
People v. Lopez
Although trial court abused its discretion in concealing names of prospective jurors, error was harmless because counsel had opportunity to elicit additional information from jurors. 		Criminal Law and Procedure 2DCA/7 Jun. 16, 2021
People v. Sorden
Defendant could not collaterally attack criminal protective order that restricted him from 'disturbing the peace' because CPO cannot be attacked for only being legally erroneous. 		Criminal Law and Procedure 4DCA/1 Jun. 16, 2021
Terry v. U.S.
Under First Step Act, crack offender is eligible for sentence reduction only if he is convicted of crack offense that triggered mandatory minimum sentence. 		Criminal Law and Procedure USSC Jun. 15, 2021
Greer v. U.S.
'Rehaif' error is not basis for plain error relief unless defendant makes sufficient argument that he would have presented evidence at trial that he did not know know he was a felon. 		Criminal Law and Procedure USSC Jun. 15, 2021
People v. Gonzalez
Trial court determined defendant made prima facie showing of eligibility under Penal Code Section 1170.95, but skipped issuing order to show cause and engaged in improper factfinding. 		Criminal Law and Procedure 4DCA/3 Jun. 15, 2021
People v. Roberts
Trial court did not err in denying defendant's objection to prosecutor's peremptory challenge because prosecutor's explanation was plausible and supported by the record. 		Criminal Law and Procedure 6DCA Jun. 15, 2021
Borden v. U.S.
Offenses with 'mens rea' of recklessness not do not qualify as violent felonies under Armed Career Criminal Act. 		Criminal Law and Procedure USSC Jun. 11, 2021
People v. Collins
Prosecutor erroneously misstated law for robbery by telling jury, 'the law uses an objective standard' for evaluating fear, when the law instead has uniformly adopted a subjective standard. 		Criminal Law and Procedure 2DCA/2 Jun. 11, 2021
People v. Richardson
Trial court acted in excess of its authority when it allowed defendant to plead no contest to human trafficking of minor, despite victim being 27 years old. 		Criminal Law and Procedure 1DCA/3 Jun. 11, 2021
People v. Bankers Insurance Co.
Trial court's right to enter summary judgment against surety expired because it did not enter it before 90 day period, pursuant to Penal Code Section 1306(c). 		Criminal Law and Procedure 1DCA/2 Jun. 11, 2021
People v. Soriano
Gang expert's opinion that defendant's crime of carrying concealed knife was for benefit of, or in association with, gang was speculative. 		Criminal Law and Procedure 4DCA/3 Jun. 10, 2021
U.S. v. Harris
Because there was no evidence that defendant exercised control over codefendant, district court abused its discretion in applying leadership enhancement under U.S.S.G. Section 3B1.1(c). 		Criminal Law and Procedure 9th Jun. 10, 2021
Ford v. Peery
Federal court was required to give deference to state court findings under Antiterrorism and Effective Death Penalty Act, despite prosecutor's misstatement of law. 		Criminal Law and Procedure 9th Jun. 9, 2021
People v. Accredited Surety & Casualty Company, Inc.
Government carried its burden of showing amount of forfeiture was not excessive under Eighth Amendment. 		Criminal Law and Procedure 5DCA Jun. 8, 2021
People v. Casillas
Evidence of defendant's immigration status and two prior deportations was admissible to prove motive for attempted murder of police officer. 		Criminal Law and Procedure 2DCA/1 Jun. 8, 2021
People v. American Surety Company
Court may continue criminal proceedings without forfeiting bail if court has reason to believe that sufficient excuse may exist for failure to appear. 		Criminal Law and Procedure 2DCA/6 Jun. 8, 2021
People v. Brewer
Based on defendant's serious and numerous offenses, and his status as recidivist, his sentence of 63 years was not grossly disproportionate, even if he is developmentally disabled. 		Criminal Law and Procedure 3DCA Jun. 8, 2021
People v. Jones
Defendant employed gun in furtherance of his crimes by using gestures and telling victim he had gun; thus, defendant used a firearm within meaning of Penal Code Section 12022.53(b). 		Criminal Law and Procedure 3DCA Jun. 4, 2021
People v. Moses
Trial court's mistake of age jury instruction for defendant's human trafficking conviction of minor was erroneous because there was no actual minor victim involved. 		Criminal Law and Procedure 4DCA/3 Jun. 4, 2021
People v. Clotfelter
There was insufficient evidence to convict defendant of annoying or molesting child under 18 because his actions were not objectively irritating or disturbing within meaning of Penal Code Section 647.6 		Criminal Law and Procedure 1DCA/2 Jun. 4, 2021
U.S. v. Henderson
Term of supervised release and any resulting revocation sentence may extend beyond statutory maximum for underlying offense. 		Criminal Law and Procedure 9th Jun. 4, 2021
Modification: Larsen v. California Victim Compensation Board
Actual innocence finding coupled with later grant of habeas relief that results in permanent release of prisoner from custody requires Victim Compensation Board to recommend compensation without holding hearing. 		Criminal Law and Procedure 2DCA/5 Jun. 3, 2021
People v. Castillo
Appellant's trial counsel had no affirmative duty in 1989 to research and advise appellant of actual immigration consequences of his plea. 		Criminal Law and Procedure 2DCA/8 Jun. 3, 2021
People v. Thomas
Although Penal Code Section 1170.95 did not apply to defendant because he was not yet sentenced, defendant may seek direct 'Estrada' relief by filing new trial motion to challenge legality of verdict. 		Criminal Law and Procedure 2DCA/8 Jun. 2, 2021
Jensen v. Superior Court (People)
Defendant only provided speculation that district attorney's office leaked grand jury transcripts to press; thus, he failed to show conflict requiring disqualification. 		Criminal Law and Procedure 6DCA Jun. 2, 2021
Schumb v. Superior Court (People)
Trial court abused its discretion in denying defendant's motion to disqualify Santa Clara County District Attorney's Office from prosecuting his case because of his friendship with elected District Attorney. 		Criminal Law and Procedure 6DCA Jun. 2, 2021
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