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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Wilson
Witness identifying defendant based on his smirky grin was not unduly suggestive because nothing made defendant 'stand out' from the other men depicted.
Criminal Law and Procedure CASC Apr. 13, 2021
U.S. v. Ghanem
Because jury could reasonably find that defendant's arrest in Greece was connected to alleged offense, district court's instruction misstated the law.
Criminal Law and Procedure 9th Apr. 13, 2021
Amended Opinion: U.S. v. Grimaldo
District court plainly erred by failing to determine whether defendant's possession of gun emboldened his possession of narcotics for purposes of four-level weapon enhancement.
Criminal Law and Procedure 9th Apr. 13, 2021
In re Viehmeyer
Section 32(a) of Article 1 of California Constitution does not permit early parole consideration for those serving terms for both violent and nonviolent felonies.
Criminal Law and Procedure 4DCA/3 Apr. 8, 2021
Shuler v. City of Los Angeles
Civil rights plaintiffs who lost in federal court are barred from pursuing equivalent state law claims in a second suit in state court.
Criminal Law and Procedure 2DCA/8 Apr. 7, 2021
In re Woods
Excluding One Strike offenders from youth offender parole hearings violates equal protection because such procedures are generally available to similarly situated offenders and no rational basis exists.
Criminal Law and Procedure 2DCA/1 Apr. 6, 2021
People v. Brugman
Trial court properly refused defense counsel's proffered pinpoint instruction because it was potentially confusing at best, and, at worst, an incorrect statement of the law.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2021
Modification: People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt.
Criminal Law and Procedure 5DCA Mar. 31, 2021
People v. Abelino
Person of ordinary prudence could have entertained reasonable suspicion that mayhem, battery, and assault were natural and probable consequences of target crime of riot.
Criminal Law and Procedure 1DCA/4 Mar. 31, 2021
Mays v. Hines
Federal appellate court improperly disregarded overwhelming evidence of defendant's guilt which supported state court's conclusion and instead focused on alternative suspect.
Criminal Law and Procedure USSC Mar. 30, 2021
People v. Pettigrew
Trial court erred by instructing jury on 'flight' instruction because defendant was found in bed, but error was harmless.
Criminal Law and Procedure 4DCA/2 Mar. 29, 2021
People v. Southard
Trial court's use of language from a case involving a motion to suppress as a basis for a special jury instruction was improper.
Criminal Law and Procedure 1DCA/2 Mar. 26, 2021
People v. Moine
Trial court abused its discretion in finding diversion would pose an unreasonable risk of danger to public safety.
Criminal Law and Procedure 2DCA/1 Mar. 26, 2021
In re Humphrey
Common practice of conditioning freedom solely on whether arrestee can afford bail is unconstitutional.
Criminal Law and Procedure CASC Mar. 26, 2021
People v. Tran
Eleven-year span between filing of Sexually Violent Predators Act petition and retrial did not violate defendant's due process right because continuances requested by defense benefited him.
Criminal Law and Procedure 2DCA/2 Mar. 25, 2021
People v. Curry
Defendant may ask trial court for mental health diversion under Penal Code Section 1001.36 until sentencing and entry of judgment.
Criminal Law and Procedure 3DCA Mar. 24, 2021
People v. Miranda
Trial court was required to instruct jury on battery as lesser included offense as to one of defendant's crimes, oral copulation of an unconscious person.
Criminal Law and Procedure 4DCA/2 Mar. 22, 2021
People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt.
Criminal Law and Procedure 5DCA Mar. 22, 2021
People v. Paredes
Sufficient evidence supported defendant's convictions for offering or delivering compensation for workers' compensation patient referrals.
Criminal Law and Procedure 4DCA/1 Mar. 16, 2021
Walden v. Shinn
District court properly denied petitioner habeas relief as to his claim based on trial court's denial of his motion to sever the counts by victim.
Criminal Law and Procedure 9th Mar. 15, 2021
People v. Sommer
Defendant psychologist tricked his patient into allowing him to touch her breast on pretext it served professional purpose; thus, defendant's conviction for sexual battery by fraudulent representation was affirmed.
Criminal Law and Procedure 1DCA/3 Mar. 10, 2021
People v. Hawara
Because witnesses offered opinion testimony to defendant's good character, prosecutor properly cross-examined witnesses on whether their opinion regarding defendant's character would change if they knew of defendant's instances of bad character.
Criminal Law and Procedure 4DCA/2 Mar. 10, 2021
People v. Williams
While a continuance would cause some amount of inconvenience, a defendant's constitutional right to chosen counsel must be respected.
Criminal Law and Procedure 4DCA/1 Mar. 8, 2021
U.S. v. Rundo
The Anti-Riot Act prohibition against the advocacy of imminent riots held not constitutionally overbroad in violation of the First Amendment.
Criminal Law and Procedure 9th Mar. 5, 2021
U.S. v. Thompson
A forfeiture under 18 U.S.C. Section 981 cannot be extended beyond the tainted property and proceeds traceable to it.
Criminal Law and Procedure 9th Mar. 4, 2021
People v. Byers
Possession of pornography properly admitted to show defendant's motive or intent in committing sexual assault and it was not outweighed by undue prejudice.
Criminal Law and Procedure 2DCA/6 Mar. 2, 2021
People v. Foster
Evidence of defendant shooting into group of men where there was no indication that defendant had primary target was sufficient to establish attempted murder.
Criminal Law and Procedure 2DCA/1 Mar. 2, 2021
In re Kavanaugh
Parole regulations implemented under Proposition 57 were constitutional and did not conflict with Article I, Section 32 of California Constitution's guarantee of parole consideration.
Criminal Law and Procedure 4DCA/1 Mar. 1, 2021
People v. Lyon
Defendant's conviction for recording confidential communications was proper because prostitutes have an expectation of privacy in their communications during sexual encounters at a client's residence.
Criminal Law and Procedure 3DCA Feb. 26, 2021
People v. Blanco
Conviction for bringing controlled substance into penal institution under Penal Code Section 4573 reversed because omitting usable amount element from jury instructions was prejudicial error.
Criminal Law and Procedure 4DCA/2 Feb. 26, 2021